Pandemic Darlings The pandemic economy, in original documents
Home Source documents House Report 117-193 — To Make Revisions in Title 5, United States Code (November 30, 2021)

House Report 117-193 — To Make Revisions in Title 5, United States Code (November 30, 2021)

Summary

House Report 117–193, dated November 30, 2021, is the report of the Committee on the Judiciary on H.R. 5961, a bill to make revisions in title 5, United States Code, as necessary to keep the title current, and to make technical amendments to improve the United States Code. The purpose and summary section states that the bill would move three major laws currently located in an appendix to title 5 into the title itself. The committee ordered the bill favorably reported without an amendment, by a voice vote, on November 17, 2021, and did not hold any hearings related to the bill. The section-by-section analysis prepared by the Office of the Law Revision Counsel includes source tables for the Federal Advisory Committee Act and the Inspector General Act of 1978.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Crpt Crpt 117Hrpt193 Crpt 117Hrpt193
Case
Crpt Crpt 117Hrpt193 Crpt 117Hrpt193

Cite this document

“House Report 117-193 — To Make Revisions in Title 5, United States Code (November 30, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt193-crpt-117hrpt193/, SHA-256 82b05781aaa4b3c8da8981bcb316e96561a051cb76c2da3c930ead138273a81c.

Full text

                                                                              117TH CONGRESS                                                                                              REPORT
                                                                                             " HOUSE OF REPRESENTATIVES                                                           !
                                                                                 1st Session                                                                                              117–193




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



                                                                                   NOVEMBER 30, 2021.—Referred to the House Calendar and ordered to be printed




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


                                                                                                                               R E P O R T
                                                                                                                            [To accompany H.R. 5961]

                                                                                The Committee on the Judiciary, to whom was referred the bill
                                                                              (H.R. 5961) to make revisions in title 5, United States Code, as
                                                                              necessary to keep the title current, and to make technical amend-
                                                                              ments to improve the United States Code.
                                                                                                                                      CONTENTS
                                                                                                                                                                                                             Page
                                                                              Purpose and Summary ............................................................................................                 1
                                                                              Background and Need for the Legislation .............................................................                            1
                                                                              Hearings ...................................................................................................................     3
                                                                              Committee Consideration ........................................................................................                 3
                                                                              Committee Votes ......................................................................................................           3
                                                                              Committee Oversight Findings ...............................................................................                     3
                                                                              Committee Estimate of Budgetary Effects ............................................................                             3
                                                                              New Budget Authority and Congressional Budget Office Cost Estimate ...........                                                   3
                                                                              Duplication of Federal Programs ............................................................................                     4
                                                                              Performance Goals and Objectives .........................................................................                       4
                                                                              Advisory on Earmarks .............................................................................................               4
                                                                              Section-by-Section Analysis ....................................................................................                 4
                                                                              Changes in Existing Law Made by the Bill, as Reported .....................................                                     31

                                                                                                                       Purpose and Summary
                                                                                 H.R. 5961 would revise title 5, United States Code, to move three
                                                                              major laws currently located in an appendix to title 5 into the title
                                                                              itself, and make other necessary technical corrections to references
                                                                              in other titles of the Code.
                                                                                                   Background and Need for the Legislation
                                                                                The House has assigned to the Judiciary Committee responsi-
                                                                              bility for the ‘‘Revision and codification of the Statutes of the




dlhill on DSK120RN23PROD with HEARING
                                                                                     29–006




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006     PO 00000       Frm 00001       Fmt 6659       Sfmt 6602      E:\HR\OC\HR193.XXX             HR193
                                                                                                                                   2

                                                                              United States.’’ 1 In modern practice, this responsibility entails pe-
                                                                              riodically updating the United States Code (‘‘the Code’’). Currently
                                                                              organized in 54 titles based on subject matter, the Code contains
                                                                              all of the general and permanent laws of the United States. Con-
                                                                              gress created the Code in 1926 to compile federal laws into a sen-
                                                                              sible, up-to-date collection that would spare people the labor of
                                                                              searching for laws in the chronologically-organized volumes of the
                                                                              Statutes at Large.2 To date, 27 of these 54 titles have been enacted
                                                                              into ‘‘positive law,’’ which means the text of these titles is itself the
                                                                              law,3 while the remaining titles are ‘‘non-positive,’’ meaning that
                                                                              they organize federal statutes for users’ convenience, but do not
                                                                              themselves have the force of law.4
                                                                                The entity responsible for updating the Code as Congress passes
                                                                              new laws or amends existing ones is the Office of the Law Revision
                                                                              Counsel (OLRC).5 Established within the House of Representatives,
                                                                              OLRC’s purpose is ‘‘to develop and keep current an official and
                                                                              positive codification of the laws of the United States,’’ while main-
                                                                              taining strict impartiality as to issues of legislative policy.6 The Ju-
                                                                              diciary Committee plays an essential role in two of OLRC’s impor-
                                                                              tant functions. OLRC is required:
                                                                                      (1) To prepare, and submit to the Committee on the Judici-
                                                                                   ary one title at a time, a complete compilation, restatement,
                                                                                   and revision of the general and permanent laws of the United
                                                                                   States which conforms to the understood policy, intent, and
                                                                                   purpose of the Congress in the original enactments, with such
                                                                                   amendments and corrections as will remove ambiguities, con-
                                                                                   tradictions, and other imperfections both of substance and of
                                                                                   form, separately stated, with a view to the enactment of each
                                                                                   title as positive law.
                                                                                The Judiciary Committee therefore plays a key role in maintain-
                                                                              ing the accuracy of the U.S. Code. OLRC regularly submits to the
                                                                              Committee proposed legislation that carries out its mission to keep
                                                                              the Code current and correct. The Judiciary Committee then con-
                                                                              siders and reports this legislation to the House. If the legislation
                                                                              passes into law, OLRC implements the changes in the Code.
                                                                                   1 Clause 1(l)(17) of House Rule X.
                                                                                 2 The Statutes at Large is the collection of laws passed in a particular session of Congress,
                                                                              arranged in sequence by public law number, https://www.archives.gov/federal-register/publica-
                                                                              tions/statutes.html. The content of the Statutes at Large is considered ‘‘legal evidence of laws,
                                                                              concurrent resolutions, treaties, international agreements other than treaties, proclamations by
                                                                              the President, and proposed or ratified amendments to the Constitution of the United States
                                                                              therein contained, in all the courts of the United States, the several States, and the Territories
                                                                              and insular possessions of the United States.’’ 1 U.S.C. § 112.
                                                                                 3 For example, H.R. 2694 (117th Congress) proposes amending Title 18 (‘‘Crimes and Criminal
                                                                              Procedure’’), which is a positive title of the U.S. Code, so it is drafted to directly amend a provi-
                                                                              sion of that title (‘‘Section 4285 of title 18, United States Code, is amended in the first sentence.
                                                                              . . .’’). The content of positive-law Code titles is considered ‘‘legal evidence of the laws therein
                                                                              contained, in all the courts of the United States, the several States, and the Territories and in-
                                                                              sular possessions of the United States.’’ 1 U.S.C. § 204.
                                                                                 4 For example, H.R. 2922 (117th Congress) proposes amending section 101(b) of the Elder
                                                                              Abuse Prevention and Prosecution Act, which is compiled in Title 34 (‘‘Crime Control and Law
                                                                              Enforcement’’), a non-positive title of the Code. In this situation, the bill amends the underlying
                                                                              law and includes a parenthetical citation to its location in Title 34 as a convenience (‘‘Section
                                                                              101(b) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(b)) is amended to
                                                                              read. . .’’). The contents of non-positive titles ‘‘establish prima facie the laws of the United
                                                                              States, general and permanent in their nature, in force on the day preceding the commencement
                                                                              of the session following the last session the legislation of which is included.’’ 1 U.S.C. § 204.
                                                                                 5 Office of the Law Revision Counsel (hereinafter OLRC), U.S. Code, home page, https://




dlhill on DSK120RN23PROD with HEARING
                                                                              uscode.house.gov/.
                                                                                 6 H. Res. 988 (93d Congress), § 205(c), as enacted into law by Pub. L. 93–554 (2 U.S.C. § 285a).




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006   PO 00000   Frm 00002   Fmt 6659   Sfmt 6602   E:\HR\OC\HR193.XXX   HR193
                                                                                                                                  3

                                                                                H.R. 5961, which amends title 5 of the Code (Government Orga-
                                                                              nization and Employees), represents one of OLRC’s recent efforts
                                                                              to keep positive-laws titles in the Code up to date. Three important
                                                                              government accountability laws adopted in the 1970s—the Federal
                                                                              Advisory Committee Act, the Inspector General Act (IG Act), and
                                                                              the Ethics in Government Act—were adopted after title 5 became
                                                                              positive law. OLRC therefore placed the three laws in an appendix
                                                                              to title 5, and they have been cited somewhat confusingly since
                                                                              that time as ‘‘5 U.S.C. App.’’ Section 3 of H.R. 5961 eliminates this
                                                                              appendix by creating three new chapters for these three laws with-
                                                                              in the body of title 5 itself.7 For example, section 2 of the IG Act,
                                                                              which is currently cited as ‘‘5 U.S.C. App. (IGA § 2),’’ will be cited
                                                                              as ‘‘5 U.S.C. 402’’ when the bill is adopted. Section 4 of the bill cor-
                                                                              rects cross references to the three laws that occur in other titles of
                                                                              the Code.
                                                                                                                         Hearings
                                                                                   The Committee did not hold any hearings related to H.R. 5961.
                                                                                                            Committee Consideration
                                                                                On November 17, 2021, the Committee met in open session and
                                                                              ordered the bill, H.R. 5961, favorably reported without an amend-
                                                                              ment, by a voice vote, a quorum being present.
                                                                                                                  Committee Votes
                                                                                 No roll call votes occurred during the Committee’s consideration
                                                                              of H.R. 5961.
                                                                                                       Committee Oversight Findings
                                                                               In compliance with clause 3(c)(1) of House Rule XIII, the Com-
                                                                              mittee advises that the findings and recommendations of the Com-
                                                                              mittee, based on oversight activities under clause 2(b)(1) of House
                                                                              Rule X, are incorporated in the descriptive portions of this report.
                                                                                                Committee Estimate of Budgetary Effects
                                                                                Pursuant to clause 3(d)(1) of House Rule XIII, the Committee
                                                                              adopts as its own the cost estimate prepared by the Director of the
                                                                              Congressional Budget Office pursuant to section 402 of the Con-
                                                                              gressional Budget Act of 1974.
                                                                                   New Budget Authority and Congressional Budget Office
                                                                                                      Cost Estimate
                                                                                Pursuant to clause 3(c)(2) of House Rule XIII and section 308(a)
                                                                              of the Congressional Budget Act of 1974, and pursuant to clause
                                                                              (3)(c)(3) of House Rule XIII and section 402 of the Congressional
                                                                              Budget Act of 1974, the Committee has requested but not received
                                                                              from the Director of Congressional Budget Office (CBO) a budg-
                                                                              etary analysis and a cost estimate of this bill. Based on CBO’s
                                                                              analysis of a similar bill (H.R. 3239) transmitted to the Committee
                                                                                7 OLRC web site, Positive Law Codification, Title 5, United States Code, https://




dlhill on DSK120RN23PROD with HEARING
                                                                              uscode.house.gov/codification/t5/index.html. The three new chapters are 10 (FACA), 4 (the IG
                                                                              Act), and 131 (the EGA).




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00003   Fmt 6659   Sfmt 6602   E:\HR\OC\HR193.XXX   HR193
                                                                                                                                  4

                                                                              on June 14, 2021, the Committee estimates that H.R. 5961 would
                                                                              have no effect on the federal budget.
                                                                                                     Duplication of Federal Programs
                                                                                Pursuant to clause 3(c)(5) of House Rule XIII, no provision of
                                                                              H.R. 5961 establishes or reauthorizes a program of the federal gov-
                                                                              ernment known to be duplicative of another federal program.
                                                                                                    Performance Goals and Objectives
                                                                                 The Committee states that pursuant to clause 3(c)(4) of House
                                                                              Rule XIII, H.R. 5961 would help implement an editorial reclassi-
                                                                              fication to portions of the United States Code, with the goal of im-
                                                                              proving and modernizing the overall organization of the Code.
                                                                                                              Advisory on Earmarks
                                                                                In accordance with clause 9 of House Rule XXI, H.R. 5961 does
                                                                              not contain any congressional earmarks, limited tax benefits, or
                                                                              limited tariff benefits as defined in clause 9(d), 9(e), or 9(f) of
                                                                              House Rule XXI.
                                                                                                           Section-by-Section Analysis
                                                                                The section-by-section analysis prepared by the OLRC is as fol-
                                                                              lows:
                                                                                                      Section-by-Section Explanation
                                                                              Section 1—Table of Contents
                                                                                Section 1 of the bill provides a table of contents for the Act.
                                                                              Section 2—Purposes; Restatement Does Not Change Meaning or Ef-
                                                                                  fect of Existing Law
                                                                                     Section 2(a)
                                                                                 Section 2(a) of the bill provides that the purposes are to make
                                                                              revisions in title 5, United States Code, as necessary to keep the
                                                                              title current, and to make technical amendments to improve the
                                                                              United States Code.
                                                                                     Section 2(b)(1)
                                                                                Section 2(b)(1) of the bill provides that the restatement of exist-
                                                                              ing law does not change the meaning or effect of the existing law
                                                                              (see the explanation above, under the heading ‘‘Restatement Does
                                                                              Not Change Meaning or Effect of Existing Law’’).
                                                                                     Section 2(b)(2)
                                                                                Section 2(b)(2) of the bill creates a rule of construction to provide
                                                                              that, notwithstanding the plain meaning rule or other rules of stat-
                                                                              utory construction, a change in wording made in the restatement
                                                                              of existing law serves to clarify the existing law, but not to change
                                                                              the meaning or effect of the existing law. This rule of construction
                                                                              applies whether or not a change in wording is explained by a revi-
                                                                              sion note appearing in a congressional report accompanying the




dlhill on DSK120RN23PROD with HEARING
                                                                              bill. The bill provides that if such a revision note does appear, a




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00004   Fmt 6659   Sfmt 6602   E:\HR\OC\HR193.XXX   HR193
                                                                                                                                       5

                                                                              court is required to consider the revision note in interpreting the
                                                                              change.
                                                                              Section 3—Revision of Title 5, United States Code
                                                                                 Section 3(a) of the bill amends title 5, United States Code, by in-
                                                                              serting chapter 10, which is a restatement of the Federal Advisory
                                                                              Committee Act (Public Law 92–463).
                                                                                 Section 3(b) of the bill amends title 5, United States Code, by in-
                                                                              serting chapter 4, which is a restatement of the Inspector General
                                                                              Act of 1978 (Public Law 95–452).
                                                                                 Section 3(c) of the bill amends title 5, United States Code, by in-
                                                                              serting Part IV—Ethics Requirements, in which is inserted chapter
                                                                              131, which is a restatement of titles I, IV, and V of the Ethics in
                                                                              Government Act of 1978 (Public Law 95–521). Title I of the Ethics
                                                                              in Government Act of 1978 is restated as subchapter I of chapter
                                                                              131 of title 5, United States Code. Title IV of the Ethics in Govern-
                                                                              ment Act of 1978 is restated as subchapter II of chapter 131 of title
                                                                              5, United States Code. Title V of the Ethics in Government Act of
                                                                              1978 is restated as subchapter III of chapter 131 of title 5, United
                                                                              States Code. (Titles II and III of the Ethics in Government Act of
                                                                              1978 were previously repealed.)
                                                                                 For each new section of title 5, United States Code, that is en-
                                                                              acted by section 3 of the bill, a 3-column source table is set out
                                                                              below (along with any applicable revision notes) to indicate the spe-
                                                                              cific source law being restated in each new section of title 5, United
                                                                              States Code.
                                                                                 In the 3-column source tables (and revision notes) set out below,
                                                                              sections 1001 through 1014 are related to chapter 10 of title 5,
                                                                              United States Code, sections 401 through 424 are related to chap-
                                                                              ter 4 of title 5, United States Code, and sections 13101 through
                                                                              13146 are related to chapter 131 of title 5, United States Code.
                                                                                                                            SECTION 1001
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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


                                                                                                                            SECTION 1002
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

                                                                              1002 ....................   5 U.S.C. App. (FACA          Pub. L. 92–463, § 2, Oct. 6, 1972, 86 Stat. 770.
                                                                                                            § 2)


                                                                                                                            SECTION 1003
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00005   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                         6

                                                                                                                              SECTION 1004
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

                                                                                   1004 .................   5 U.S.C. App. (FACA          Pub. L. 92–463, § 5, Oct. 6, 1972, 86 Stat. 771.
                                                                                                              § 5)


                                                                                                                              SECTION 1005
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

                                                                              1005 ....................     5 U.S.C. App. (FACA          Pub. L. 92–463, § 6(a), (b), Oct. 6, 1972, 86 Stat.
                                                                                                              § 6(a), (b))                 772.


                                                                                                                              SECTION 1006
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

                                                                              1006 ....................     5 U.S.C. App. (FACA          Pub. L. 92–463, § 7, Oct. 6, 1972, 86 Stat. 772;
                                                                                                              § 7)                         Pub. L. 96–523, § 2, Dec. 12, 1980, 94 Stat.
                                                                                                                                           3040.

                                                                                 In this section, the words ‘‘Administrator’’ and ‘‘General Services
                                                                              Administration’’ are substituted for ‘‘Director’’ and ‘‘Office of Man-
                                                                              agement and Budget’’, respectively, because of section 5F of Reor-
                                                                              ganization Plan No. 1 of 1977 (5 U.S.C. App.).
                                                                                 In subsection (b)(1), the words ‘‘Each year, the Administrator
                                                                              shall conduct a comprehensive review’’ are substituted for ‘‘The Ad-
                                                                              ministrator shall, immediately after the enactment of this Act [Oc-
                                                                              tober 6, 1972], institute a comprehensive review’’ and ‘‘Thereafter,
                                                                              the Administrator shall carry out a similar review annually’’ to
                                                                              eliminate obsolete language.
                                                                                 In subsection (d)(1) (matter before subparagraph (A)), the words
                                                                              ‘‘Director of the Office of Personnel Management’’ are substituted
                                                                              for ‘‘Civil Service Commission’’ because of section 102 of Reorga-
                                                                              nization Plan No. 2 of 1978 (5 U.S.C. App.).
                                                                                 In subsection (d)(1) (matter before subparagraph (A)), the words
                                                                              ‘‘The guidelines shall provide’’ are substituted for ‘‘The regulations
                                                                              shall provide’’ for consistency with the 1st sentence of subsection
                                                                              (d)(1), which provides that the Administrator shall establish
                                                                              ‘‘guidelines’’, not regulations.
                                                                                 In subsection (d)(1)(A), the words ‘‘maximum rate payable under
                                                                              section 5376 of this title’’ are substituted for ‘‘rate specified for GS–
                                                                              18 of the General Schedule under section 5332 of title 5, United
                                                                              States Code’’ for clarity and because of section 101(c) of the Federal
                                                                              Employees Pay Comparability Act of 1990 (enacted by section 529
                                                                              of Public Law 101–509 (5 U.S.C. 5376 note)).
                                                                                 In subsection (d)(1)(C)(i), the words ‘‘individuals with disabilities’’
                                                                              are substituted for ‘‘handicapped individuals’’ for consistency with
                                                                              section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).
                                                                                 In subsection (d)(1)(C)(i), the citation to ‘‘(29 U.S.C. 791)’’ is sub-
                                                                              stituted for ‘‘(29 U.S.C. 794)’’ to correct an error in the law.
                                                                                                                              SECTION 1007
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

                                                                              1007 ....................     5 U.S.C. App. (FACA          Pub. L. 92–463, § 8, Oct. 6, 1972, 86 Stat. 773.




dlhill on DSK120RN23PROD with HEARING
                                                                                                              § 8)




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021     Jkt 029006      PO 00000    Frm 00006    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                       7

                                                                                In subsection (a), the word ‘‘Administrator’’ is substituted for ‘‘Di-
                                                                              rector’’ (meaning the Director of the Office of Management and
                                                                              Budget) because of section 5F of Reorganization Plan No. 1 of 1977
                                                                              (5 U.S.C. App.).
                                                                                                                            SECTION 1008
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

                                                                              1008 ....................   5 U.S.C. App. (FACA          Pub. L. 92–463, § 9, Oct. 6, 1972, 86 Stat. 773.
                                                                                                            § 9)

                                                                                In subsection (a)(2) and subsection (c)(1)(A), the word ‘‘Adminis-
                                                                              trator’’ is substituted for ‘‘Director’’ (meaning the Director of the
                                                                              Office of Management and Budget) because of section 5F of Reorga-
                                                                              nization Plan No. 1 of 1977 (5 U.S.C. App.).
                                                                                                                            SECTION 1009
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

                                                                              1009 ....................   5 U.S.C. App. (FACA          Pub. L. 92–463, § 10, Oct. 6, 1972, 86 Stat. 774;
                                                                                                            § 10)                        Pub. L. 94–409, § 5(c), Sept. 13, 1976, 90 Stat.
                                                                                                                                         1247.

                                                                                In subsection (a), in paragraphs (2) and (3), the word ‘‘Adminis-
                                                                              trator’’ is substituted for ‘‘Director’’ (meaning the Director of the
                                                                              Office of Management and Budget) because of section 5F of Reorga-
                                                                              nization Plan No. 1 of 1977 (5 U.S.C. App.).
                                                                                                                            SECTION 1010
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

                                                                              1010 ....................   5 U.S.C. App. (FACA          Pub. L. 92–463, § 11, Oct. 6, 1972, 86 Stat. 775.
                                                                                                            § 11)

                                                                                 In subsection (b), the words ‘‘Except where prohibited by contrac-
                                                                              tual agreements entered into prior to the effective date of this Act
                                                                              [i.e., 90 days after October 6, 1972]’’ are omitted as obsolete.
                                                                                                                            SECTION 1011
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

                                                                              1011 ....................   5 U.S.C. App. (FACA          Pub. L. 92–463, § 12, Oct. 6, 1972, 86 Stat. 775.
                                                                                                            § 12)


                                                                                                                            SECTION 1012
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

                                                                              1012 ....................   5 U.S.C. App. (FACA          Pub. L. 92–463, § 13, Oct. 6, 1972, 86 Stat. 775.
                                                                                                            § 13)

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00007   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                       8

                                                                                                                            SECTION 1013
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

                                                                              1013 ....................   5 U.S.C. App. (FACA          Pub. L. 92–463, § 14, Oct. 6, 1972, 86 Stat. 776.
                                                                                                            § 14)

                                                                                 In subsection (a)(1) (matter before subparagraph (A)), the date
                                                                              ‘‘January 5, 1973’’ is substituted for ‘‘the effective date of this Act’’,
                                                                              and in subsection (a)(2) (matter before subparagraph (A)), the date
                                                                              ‘‘January 5, 1973’’ is substituted for ‘‘such effective date’’, for clar-
                                                                              ity. In accordance with section 16 (formerly section 15) of the Fed-
                                                                              eral Advisory Committee Act (Public Law 92–463, 86 Stat. 776),
                                                                              which provides ‘‘this Act shall become effective upon the expiration
                                                                              of ninety days following the date of enactment’’, the effective date
                                                                              of the Act is January 5, 1973.
                                                                                                                            SECTION 1014
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

                                                                              1014 ....................   5 U.S.C. App. (FACA          Pub. L. 92–463, § 15, as added Pub. L. 105–153,
                                                                                                            § 15)                        § 2(b), Dec. 17, 1997, 111 Stat. 2689.

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00008   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                         9

                                                                                                                               SECTION 401
                                                                                   Revised Section             Source (U.S. Code)                           Source (Pub. L.)

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

                                                                                In paragraph (1), the words ‘‘Veterans Affairs’’ are inserted in
                                                                              the list of Departments, and the words ‘‘Veterans’’ Administration’’
                                                                              are deleted from the list of Administrations, to update obsolete ref-
                                                                              erences in the law.
                                                                                In paragraph (1), the words ‘‘the Resolution Trust Corporation’’
                                                                              have been omitted as obsolete because section 21A(m)(1) of the
                                                                              Federal Home Loan Bank Act (12 U.S.C. 1441a(m)(1)) provided for
                                                                              termination of the Resolution Trust Corporation not later than De-
                                                                              cember 31, 1995, and the authority and responsibilities of the Reso-
                                                                              lution Trust Corporation were transferred to the Federal Deposit
                                                                              Insurance Corporation under section 40(n)(4) of the Federal De-
                                                                              posit Insurance Act (12 U.S.C. 1831q(n)(4)).
                                                                                In paragraphs (1) and (3), the words ‘‘of the United States’’ are
                                                                              inserted after ‘‘Export-Import Bank’’ to correct errors in the law.
                                                                                In paragraph (3), the words ‘‘Veterans Affairs’’ are inserted in
                                                                              the list of Secretaries, and the words ‘‘Veterans’’ Affairs’’ are de-
                                                                              leted from the list of Administrators, to update obsolete references




dlhill on DSK120RN23PROD with HEARING
                                                                              in the law.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00009    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX       HR193
                                                                                                                                     10

                                                                                 In paragraph (3), the words ‘‘the Director of’’ are inserted before
                                                                              ‘‘the Office of Personnel Management’’ to correct an error in the
                                                                              law. The Office of Personnel Management is headed by a director
                                                                              (rather than an administrator) as provided in section 1102(a) of
                                                                              title 5, United States Code.
                                                                                 In paragraph (3), the words ‘‘the Chairperson of the Thrift De-
                                                                              positor Protection Oversight Board’’ are omitted because the Thrift
                                                                              Depositor Protection Oversight Board was abolished by section
                                                                              14(a) through (d) of the Homeowners Protection Act of 1998 (Public
                                                                              Law 105–216, 112 Stat. 908).
                                                                                 In paragraph (3), the words ‘‘the chief executive officer of the
                                                                              Resolution Trust Corporation’’ are omitted because section
                                                                              21A(m)(1) of the Federal Home Loan Bank Act (12 U.S.C.
                                                                              1441a(m)(1)) provided for termination of the Resolution Trust Cor-
                                                                              poration not later than December 31, 1995, and the authority and
                                                                              responsibilities of the Resolution Trust Corporation were trans-
                                                                              ferred to the Federal Deposit Insurance Corporation under section
                                                                              40(n)(4) of the Federal Deposit Insurance Act (12 U.S.C.
                                                                              1831q(n)(4)).
                                                                                                                               SECTION 402
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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


                                                                                                                               SECTION 403
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00010    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                     11

                                                                                                                               SECTION 404
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                 In subsection (a)(4) (matter before subparagraph (A)), the words
                                                                              ‘‘the establishment’’ are inserted after ‘‘to recommend policies for’’
                                                                              and a comma is inserted after ‘‘and nongovernmental entities’’ for
                                                                              clarity.
                                                                                 In subsection (b)(1)(C), the word ‘‘ensure’’ is substituted for ‘‘as-
                                                                              sure’’ for clarity.
                                                                                 In subsection (c), the word ‘‘ensuring’’ is substituted for ‘‘insur-
                                                                              ing’’ for clarity.
                                                                                                                               SECTION 405
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00011    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                     12

                                                                                                                               SECTION 406
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                 In subsection (a)(8), the words ‘‘maximum rate payable under
                                                                              section 5376 of this title’’ are substituted for ‘‘equivalent rate pre-
                                                                              scribed for grade GS–18 of the General Schedule by section 5332
                                                                              of title 5, United States Code’’ for clarity and because of section
                                                                              101(c) of the Federal Employees Pay Comparability Act of 1990 (en-
                                                                              acted by section 529 of Public Law 101–509 (5 U.S.C. 5376 note)).
                                                                                 In subsection (f)(7), the date ‘‘November 25, 2002’’ is substituted
                                                                              for ‘‘the date of enactment of this subsection’’ for clarity. Subsection
                                                                              (f) (formerly subsection (e)) of section 6 of the Inspector General
                                                                              Act of 1978 was enacted on November 25, 2002, by section 812(a)
                                                                              of the Homeland Security Act of 2002 (Public Law 107–296, 116
                                                                              Stat. 2222).
                                                                                 In subsection (h)(4)(B), the words ‘‘Committee on Oversight and
                                                                              Reform’’ are substituted for ‘‘Committee on Oversight and Govern-
                                                                              ment Reform’’ on authority of rule X(1)(n) of the Rules of the House
                                                                              of Representatives, adopted by House Resolution No. 6 (116th Con-
                                                                              gress, January 9, 2019).
                                                                                                                               SECTION 407
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

                                                                              407 ......................   5 U.S.C. App. (IGA § 7)       Pub. L. 95–452, § 7, Oct. 12, 1978, 92 Stat. 1105.


                                                                                                                               SECTION 408
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                 In subsection (b)(3), the words ‘‘Committee on Homeland Security
                                                                              and Governmental Affairs of the Senate’’ are substituted for ‘‘[Com-
                                                                              mittee on] Governmental Affairs of the Senate’’ on authority of
                                                                              Senate Resolution No. 445, 108th Congress, October 9, 2004 (effec-
                                                                              tive January 4, 2005).
                                                                                 In subsection (b)(3), the words ‘‘Committee on Oversight and Re-




dlhill on DSK120RN23PROD with HEARING
                                                                              form’’ are substituted for ‘‘Committee on Government Reform and




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00012    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                    13

                                                                              Oversight’’ on authority of House Resolution No. 5 (106th Congress,
                                                                              January 6, 1999), House Resolution No. 6 (110th Congress, Janu-
                                                                              ary 5, 2007), and rule X(1)(n) of the Rules of the House of Rep-
                                                                              resentatives, adopted by House Resolution No. 6 (116th Congress,
                                                                              January 9, 2019).
                                                                                 In subsection (c)(9), the word ‘‘ensuring’’ is substituted for ‘‘insur-
                                                                              ing’’ for clarity.
                                                                                 In subsection (f)(1) (matter before subparagraph (A)), the words
                                                                              ‘‘[Committee on] Oversight and Reform’’ are substituted for ‘‘[Com-
                                                                              mittee on] Oversight and Government Reform’’ on authority of rule
                                                                              X(1)(n) of the Rules of the House of Representatives, adopted by
                                                                              House Resolution No. 6 (116th Congress, January 9, 2019).
                                                                                                                               SECTION 409
                                                                                   Revised Section            Source (U.S. Code)                          Source (Pub. L.)

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

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




dlhill on DSK120RN23PROD with HEARING
                                                                              2017).




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00013    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                      14

                                                                                                                               SECTION 410
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

                                                                              410 ......................   5 U.S.C. App. (IGA § 8B)      Pub. L. 95–452, § 8B, as added Pub. L. 100–504,
                                                                                                                                           title I, § 102(f), Oct. 18, 1988, 102 Stat. 2517.


                                                                                                                               SECTION 411
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

                                                                              411 ......................   5 U.S.C. App. (IGA § 8C)      Pub. L. 95–452, § 8C, as added Pub. L. 103–204,
                                                                                                                                           § 23(a)(2), Dec. 17, 1993, 107 Stat. 2407.


                                                                                                                               SECTION 412
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00014    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                      15

                                                                                                                               SECTION 413
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                In subsection (a)(3) and subsection (c), the words ‘‘[Committee] on
                                                                              Homeland Security and Governmental Affairs [of the Senate]’’ are
                                                                              substituted for ‘‘[Committee] on Governmental Affairs [of the Sen-
                                                                              ate]’’ because of Senate Resolution No. 445, 108th Congress, Octo-
                                                                              ber 9, 2004 (effective January 4, 2005).
                                                                                In subsection (a)(3) and subsection (c), the words ‘‘Committee on
                                                                              Oversight and Reform [of the House of Representatives]’’ are sub-
                                                                              stituted for ‘‘[Committee on] Government Operations [of the House
                                                                              of Representatives]’’ on authority of section 1(a) of Public Law 104–
                                                                              14 (2 U.S.C. note prec. 21), House Resolution No. 5 (106th Con-
                                                                              gress, January 6, 1999), House Resolution No. 6 (110th Congress,
                                                                              January 5, 2007), and rule X(1)(n) of the Rules of the House of Rep-
                                                                              resentatives, adopted by House Resolution No. 6 (116th Congress,
                                                                              January 9, 2019).
                                                                                                                               SECTION 414
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00015    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                      16

                                                                                                                               SECTION 415
                                                                                   Revised Section             Source (U.S. Code)                            Source (Pub. L.)

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

                                                                                 In subsection (a )(1)(A), the words ‘‘the Board for International
                                                                              Broadcasting’’ are omitted as obsolete. The Board for International
                                                                              Broadcasting was established by section 3(a) of the Board for Inter-
                                                                              national Broadcasting Act of 1973 (Public Law 93–129, 87 Stat.
                                                                              457). The Board for International Broadcasting Act of 1973 was re-
                                                                              pealed by section 310(e) of the United States International Broad-
                                                                              casting Act of 1994 (Public Law 103–236, title III, 108 Stat. 442).
                                                                                 In subsection (a)(1)(A), the words ‘‘the Federal Housing Finance
                                                                              Board’’ are omitted as obsolete because the Federal Housing Fi-
                                                                              nance Board was abolished by section 1311 of the Housing and
                                                                              Economic Recovery Act of 2008 (Public Law 110–289, div. A, title
                                                                              III, 12 U.S.C. 4511 note).
                                                                                 In subsection (a)(1)(A), the words ‘‘the Panama Canal Commis-
                                                                              sion’’ are omitted as obsolete because of section 1305 of the Panama
                                                                              Canal Act of 1979 (22 U.S.C. 3714a).
                                                                                 In subsection (a)(1), subparagraph (B) restates the amendment
                                                                              made by section 409(a) of the Amtrak Reform and Accountability
                                                                              Act of 1997 (Public Law 105–134, 111 Stat. 2586). That provision
                                                                              amended section 8G(a)(2) of the Inspector General Act of 1978 by
                                                                              striking ‘‘Amtrak’’ from the definition of ‘‘designated Federal enti-
                                                                              ty’’. However, the amendment was enacted with a conditional effec-




dlhill on DSK120RN23PROD with HEARING
                                                                              tive date; it will take effect at the beginning of the first fiscal year




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00016    Fmt 6659    Sfmt 6602    E:\HR\OC\HR193.XXX        HR193
                                                                                                                                     17

                                                                              after a fiscal year for which Amtrak receives no Federal subsidy.
                                                                              The conditional effective date creates uncertainty because it cannot
                                                                              be known in advance when the condition will be met and the
                                                                              amendment will take effect. In subsection (a)(1), subparagraph (B)
                                                                              explicitly incorporates the amendatory language and the condi-
                                                                              tional effective date within the restatement text in order to clarify
                                                                              that although ‘‘Amtrak’’ is currently included in the definition of
                                                                              ‘‘designated Federal entity’’, it is automatically struck from the def-
                                                                              inition, without further congressional action, whenever the speci-
                                                                              fied condition is met.
                                                                                 In subsection (f)(3), in subparagraph (A)(iii) and subparagraph
                                                                              (C), the words ‘‘[Committee] on Homeland Security and Govern-
                                                                              mental Affairs [of the Senate]’’ are substituted for ‘‘[Committee] on
                                                                              Governmental Affairs [of the Senate]’’ because of Senate Resolution
                                                                              No. 445, 108th Congress, October 9, 2004 (effective January 4,
                                                                              2005).
                                                                                 In subsection (f)(3), in subparagraph (A)(iii) and subparagraph
                                                                              (C), the words ‘‘Committee on Oversight and Reform’’ are sub-
                                                                              stituted for ‘‘Committee on Government Reform and Oversight’’ on
                                                                              authority of rule X(1)(n) of the Rules of the House of Representa-
                                                                              tives, adopted by House Resolution No. 6 (116th Congress, January
                                                                              9, 2019).
                                                                                 In subsection (f)(3)(B)(ii), the word ‘‘ensuring’’ is substituted for
                                                                              ‘‘insuring’’ for clarity.
                                                                                 In subsection (g)(3), the words ‘‘Notwithstanding the last sen-
                                                                              tence of subsection (d)(1) of this section’’ are substituted for ‘‘Not-
                                                                              withstanding the last sentence of subsection (d) of this section’’ for
                                                                              clarity and to correct an obsolete reference in the law. In section
                                                                              8G of the Inspector General Act of 1978, subsection (d) was redesig-
                                                                              nated as subsection (d)(1) by section 431(c)(1) of the Intelligence
                                                                              Authorization Act for Fiscal Year 2010 (Public Law 111–259, 124
                                                                              Stat. 2731).
                                                                                 In subsection (h)(1), the words ‘‘Each year,’’ are substituted for
                                                                              ‘‘No later than April 30, 1989, and annually thereafter,’’ to elimi-
                                                                              nate obsolete language.
                                                                                 In subsection (h)(2), the words ‘‘On October 31 of each year,’’ are
                                                                              substituted for ‘‘Beginning on October 31, 1989, and on October 31
                                                                              of each succeeding calendar year,’’ to eliminate obsolete language.
                                                                                                                                SECTION 416
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00017    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                      18

                                                                                                                                SECTION 417
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                In subsection (b), the reference to ‘‘subsection (a)(2)’’ is sub-
                                                                              stituted for ‘‘paragraph (2)’’ for clarity and to correct an error in the
                                                                              law.
                                                                                                                                SECTION 418
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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


                                                                                                                                SECTION 419
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                In subsection (d)(5)(B), the date ‘‘December 19, 2019’’ is sub-
                                                                              stituted for ‘‘the date of the enactment of the National Defense Au-
                                                                              thorization Act for Fiscal Year 2020’’ for clarity.
                                                                                                                                SECTION 420
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00018    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                      19

                                                                                                                               SECTION 421
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

                                                                              421 ......................   5 U.S.C. App. (IGA § 8N)      Pub. L. 95–452, § 8N, as added Pub. L. 114–317,
                                                                                                                                           § 6(7), Dec. 16, 2016, 130 Stat. 1604.


                                                                                                                               SECTION 422
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                 In subsection (a)(1)(K), the words ‘‘Federal Transit Administra-
                                                                              tion’’ are substituted for ‘‘Urban Mass Transportation Administra-
                                                                              tion’’ because of section 3004(b) of the Federal Transit Act Amend-
                                                                              ments of 1991 (Public Law 102–240, title III, 49 U.S.C. 107 note).
                                                                                 In subsection (a)(1)(L)(ii), the date ‘‘July 22, 1998’’ is substituted
                                                                              for ‘‘the date of the enactment of the Internal Revenue Service Re-
                                                                              structuring and Reform Act of 1998’’ for clarity.
                                                                                 In subsection (a)(1)(U), the words ‘‘Department of Veterans Af-
                                                                              fairs’’ are substituted for ‘‘Veterans’’ Administration’’, and the
                                                                              words ‘‘that department’’ are substituted for ‘‘that agency’’, to up-
                                                                              date obsolete references in the law.
                                                                                 In subsection (d), the date ‘‘October 1, 1978’’ is substituted for
                                                                              ‘‘the effective date of this Act’’ for clarity and to reflect the effective
                                                                              date of the Inspector General Act of 1978.
                                                                                                                               SECTION 423
                                                                                   Revised Section             Source (U.S. Code)                          Source (Pub. L.)

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

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




dlhill on DSK120RN23PROD with HEARING
                                                                              sure’’.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000    Frm 00019    Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                    20

                                                                                                                             SECTION 424
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                 In subsection (b)(1)(I), the words ‘‘Government Publishing Office’’
                                                                              are substituted for ‘‘Government Printing Office’’ because of section
                                                                              1301(b) of the Legislative Branch Appropriations Act, 2015 (Public
                                                                              Law 113–235, div. H, 44 U.S.C. note prec. 301).
                                                                                 In subsection (b)(3)(B)(viii)(IV), the words ‘‘Committee on Over-
                                                                              sight and Reform’’ are substituted for ‘‘Committee on Oversight and
                                                                              Government Reform’’ on authority of rule X(1)(n) of the Rules of
                                                                              the House of Representatives, adopted by House Resolution No. 6
                                                                              (116th Congress, January 9, 2019).
                                                                                 In subsection (c)(1)(H), the words ‘‘section 103H of the National
                                                                              Security Act of 1947 (50 U.S.C. 3033)’’ are substituted for ‘‘section
                                                                              3033 of title 50, United States Code’’ to correct the citation.
                                                                                 In subsection (c)(3)(C), the date ‘‘October 14, 2008’’ is substituted
                                                                              for ‘‘the date of enactment of this subsection’’ to reflect the date of
                                                                              enactment of the Inspector General Reform Act of 2008 (Public Law
                                                                              110–409, 122 Stat. 4302). Section 7(a) of the Inspector General Re-
                                                                              form Act of 2008 (Public Law 110–409, 122 Stat. 4305) enacted sec-
                                                                              tion 11 (including subsection (c)) of the Inspector General Act of
                                                                              1978.
                                                                                 In subsection (c)(3)(C), the words ‘‘the authority in that subpara-
                                                                              graph’’ are substituted for ‘‘the authority in that paragraph’’ to cor-
                                                                              rect an error in the law.
                                                                                 In subsection (c)(5)(A), the reference to ‘‘section 403(d)(1)(C) of
                                                                              this title’’ is substituted for ‘‘section 3(d)(C)’’ for clarity and to cor-
                                                                              rect an error in the law. In section 11(c)(5)(A) of the Inspector Gen-
                                                                              eral Act of 1978, as added by section 2(b) of the Whistleblower Pro-
                                                                              tection Coordination Act (Public Law 115–192, 132 Stat. 1503), the
                                                                              reference to ‘‘section 3(d)(C)’’ should be to ‘‘section 3(d)(1)(C)’’. Sec-
                                                                              tion 3(d)(1)(C) of the Inspector General Act of 1978 is restated as
                                                                              ‘‘section 403(d)(1)(C) of this title’’ (i.e., section 403(d)(1)(C) of title
                                                                              5, United States Code).
                                                                                 In subsection (d)(8)(A), at the end of clause (ii), the word ‘‘and’’
                                                                              is omitted to correct an error in the law.
                                                                                 In subsection (d)(8)(A)(iii), the words ‘‘Committee on Oversight
                                                                              and Reform’’ are substituted for ‘‘Committee on Oversight and Gov-
                                                                              ernment Reform’’ on authority of rule X(1)(n) of the Rules of the
                                                                              House of Representatives, adopted by House Resolution No. 6
                                                                              (116th Congress, January 9, 2019).
                                                                                 In subsection (e)(1)(C), the word ‘‘Program’’ is substituted for the
                                                                              word ‘‘Plan’’ (in the phrase ‘‘Troubled Asset Relief Program’’) to cor-
                                                                              rect an error in the law. In subsection (e)(1)(D), the words
                                                                              ‘‘Coronavirus Economic Stabilization Act of 2020’’ are substituted
                                                                              for ‘‘CARES Act’’ to use the applicable short title as provided in




dlhill on DSK120RN23PROD with HEARING
                                                                              section 4001 of Public Law 116–136 (134 Stat. 469).




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00020   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                   21

                                                                                 In subsection (e), paragraph (4) is added to carry forward the ef-
                                                                              fective date provision from section 501(c) of the Consolidated Ap-
                                                                              propriations Act, 2021 (Public Law 116–260, div. U, title V, 134
                                                                              Stat. 2294). Section 501(c) of the Consolidated Appropriations Act,
                                                                              2021 provides that: ‘‘This Act and the amendments made by this
                                                                              Act shall take effect on the date that is 30 days after the date of
                                                                              receipt by the Council of the Inspectors General on Integrity and
                                                                              Efficiency of an appropriation for the implementation of this Act.’’.
                                                                              The scope of applicability for the effective date provision is unclear
                                                                              because the references to this Act are ambiguous. The references to
                                                                              this Act do not refer the entirety of the Consolidated Appropria-
                                                                              tions Act, 2021, because the references are limited by section 3 of
                                                                              the Consolidated Appropriations Act, 2021 (Public Law 116–260,
                                                                              134 Stat. 1185), which provides that: ‘‘Except as expressly provided
                                                                              otherwise, any reference to ‘this Act’ contained in any division of
                                                                              this Act shall be treated as referring only to the provisions of that
                                                                              division.’’. At most, therefore, the references to this Act refer only
                                                                              to the provisions of division U of the Act (beginning at 134 Stat.
                                                                              2286). However, it is questionable whether Congress intends the ef-
                                                                              fective date to apply to the entirety of division U. The relevant por-
                                                                              tion of division U appears to be limited to section 501 of the Con-
                                                                              solidated Appropriations Act, 2021. The effective date is clearly in-
                                                                              tended to apply to section 501 of the Act, but it is unclear whether
                                                                              it is intended to apply to other portions of division U. In the re-
                                                                              statement, paragraph (4) of subsection (e) carries forward the effec-
                                                                              tive date as a ‘‘no-source’’ provision, explicitly making the effective
                                                                              date apply to the provisions added by section 501 of the Consoli-
                                                                              dated Appropriations Act, 2021, while avoiding the repeal of section
                                                                              501(c) of the Consolidated Appropriations Act, 2021, which con-
                                                                              tinues to apply (or not) to other portions of division U to whatever
                                                                              extent Congress originally intended.
                                                                                                                            SECTION 13101
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                In paragraphs (1) and (18)(B), the words ‘‘Committee on Ethics
                                                                              of the House of Representatives’’ are substituted for ‘‘Committee on
                                                                              Standards of Official Conduct of the House of Representatives’’ be-




dlhill on DSK120RN23PROD with HEARING
                                                                              cause of House Resolution No. 5, 112th Congress, Jan. 5, 2011.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00021   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                   22

                                                                                In paragraph (6), the words ‘‘The term ‘honoraria’ means the plu-
                                                                              ral of ‘honorarium’ as defined in section 13141 of this title’’ are sub-
                                                                              stituted for ‘‘the term ‘honoraria’ has the meaning given such term
                                                                              in section 505 of this Act’’ for clarity. In the source law, the plural
                                                                              form ‘‘honoraria’’ is defined in section 109 of the Ethics in Govern-
                                                                              ment Act of 1978, but the singular form ‘‘honorarium’’ is defined in
                                                                              section 505 of the Act.
                                                                                                                            SECTION 13102
                                                                                   Revised Section           Source (U.S. Code)                            Source (Pub. L.)

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

                                                                                In subsection (a)(2), the words ‘‘Committee on Ethics of the
                                                                              House of Representatives’’ are substituted for ‘‘Committee on
                                                                              Standards of Official Conduct of the House of Representatives’’ be-
                                                                              cause of House Resolution No. 5, 112th Congress, January 5, 2011.
                                                                                                                            SECTION 13103
                                                                                   Revised Section           Source (U.S. Code)                            Source (Pub. L.)

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

                                                                                 In subsection (c), the words ‘‘section 301 of the Federal Election
                                                                              Campaign Act of 1971 (52 U.S.C. 30101)’’ are substituted for ‘‘sec-
                                                                              tion 301 of the Federal Campaign Act of 1971’’ for clarity and to
                                                                              correct an error in the law.
                                                                                 In subsection (f)(8), the words ‘‘special Government employee’’
                                                                              are substituted for ‘‘special government employee’’ to correct an
                                                                              error in the law.
                                                                                                                            SECTION 13104
                                                                                   Revised Section           Source (U.S. Code)                            Source (Pub. L.)

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




dlhill on DSK120RN23PROD with HEARING
                                                                                                                                         Stat. 300.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00022   Fmt 6659    Sfmt 6602    E:\HR\OC\HR193.XXX       HR193
                                                                                                                                   23

                                                                                 In subsection (a)(4)(A), in clause (ii)(II) and clause (iii)(II), the
                                                                              words ‘‘special Government employee’’ are substituted for ‘‘special
                                                                              government employee’’ to correct errors in the law.
                                                                                 In subsection (f)(2)(B)(ii), at the end of the clause, after the word
                                                                              ‘‘knowledge’’, the word ‘‘of’’ is omitted to correct an error in the law.
                                                                              The preceding phrase ‘‘of which’’ eliminates the need for ‘‘of’’ after
                                                                              ‘‘knowledge’’.
                                                                                 In subsection (f)(3)(E), the words ‘‘Securities Exchange Act of
                                                                              1934’’ are substituted for ‘‘Securities and Exchange Act of 1934’’ to
                                                                              correct an error in the law. See the short title enacted by section
                                                                              1 of the Act (15 U.S.C. 78a).
                                                                                 In subsection (f)(3)(F), the reference to ‘‘the effective date of title
                                                                              II of the Ethics Reform Act of 1989’’ is not translated to a date cer-
                                                                              tain because the date varies. For most provisions, the effective date
                                                                              is January 1, 1991. For section 102(f)(4)(B) of the Ethics in Govern-
                                                                              ment Act of 1978, which is restated as section 13104(f)(4)(B) of title
                                                                              5, United States Code, the effective date is January 1, 1990. See
                                                                              section 204 of the Ethics Reform Act of 1989, as added by section
                                                                              3(10)(B) of Public Law 101–280 (104 Stat. 157).
                                                                                 In subsection (f)(4)(B)(i)(V), the reference to ‘‘the effective date of
                                                                              this Act’’ is not translated to a date certain because the date is am-
                                                                              biguous. The words ‘‘the effective date of this Act’’ probably mean
                                                                              the effective date of title II of the Ethics Reform Act of 1989 (rather
                                                                              than the effective date of the Ethics in Government Act of 1978).
                                                                              Title II of the Ethics Reform Act of 1989 enacted a general amend-
                                                                              ment of title I of the Ethics in Government Act of 1978 (see section
                                                                              202 at 103 Stat. 1724). For title II of the Ethics Reform Act of
                                                                              1989, the effective date varies. For most provisions, the effective
                                                                              date is January 1, 1991. For section 102(f)(4)(B) of the Ethics in
                                                                              Government Act of 1978, which is restated as section 13104(f)(4)(B)
                                                                              of title 5, United States Code, the effective date is January 1, 1990.
                                                                              See section 204 of the Ethics Reform Act of 1989, as added by sec-
                                                                              tion 3(10)(B) of Public Law 101–280 (104 Stat. 157).
                                                                                                                            SECTION 13105
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                In subsection (h)(1)(A)(ii), the date ‘‘November 30, 1989’’ is sub-
                                                                              stituted for ‘‘the date of the enactment of the Ethics Reform Act of
                                                                              1989’’ to reflect the date of enactment of the Ethics Reform Act of




dlhill on DSK120RN23PROD with HEARING
                                                                              1989 (Public Law 101–194, 103 Stat. 1716).




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00023   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                   24

                                                                                 In subsection (i)(1), the reference to ‘‘section 312(a) of the Federal
                                                                              Election Campaign Act of 1971 (52 U.S.C. 30113(a))’’ is substituted
                                                                              for ‘‘section 316(a) of the Federal Election Campaign Act of 1971’’
                                                                              to correct an error in the law. Section 312(a), not section 316(a), of
                                                                              the Federal Election Campaign Act of 1971 contains provisions re-
                                                                              lating to the filing of copies of reports with the appropriate State
                                                                              officer. Section 312 of the Federal Election Campaign Act of 1971
                                                                              was originally enacted as section 309, but was redesignated several
                                                                              times. The provision was redesignated as section 317 by section
                                                                              208(a) of Public Law 93–443 (88 Stat. 1279), as section 316 by sec-
                                                                              tion 105 of Public Law 94–283 (90 Stat. 481), and as section 312
                                                                              by section 105(4) of Public Law 96–187 (93 Stat. 1354).
                                                                                 In subsection (j)(1), the words ‘‘Committee on Ethics of the House
                                                                              of Representatives’’ are substituted for ‘‘Committee on Standards of
                                                                              Official Conduct of the House of Representatives’’ because of House
                                                                              Resolution No. 5, 112th Congress, January 5, 2011.
                                                                                 In subsection (l)(8), the words ‘‘special Government employee as
                                                                              defined in section 202 of title 18’’ are substituted for ‘‘special gov-
                                                                              ernment employee’’ for clarity and consistency with other provi-
                                                                              sions of the chapter.
                                                                                                                            SECTION 13106
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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

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




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00024   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                   25

                                                                                                                            SECTION 13107
                                                                                   Revised Section           Source (U.S. Code)                           Source (Pub. L.)

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

                                                                                In subsection (a)(1), the word ‘‘by’’ is substituted for ‘‘be’’ to cor-
                                                                              rect an error in the law. The change appears in the phrase ‘‘public
                                                                              disclosure of such report would, by [be] revealing the identity of the
                                                                              individual or other sensitive information, compromise the national
                                                                              interest of the United States’’.
                                                                                In subsection (b)(3)(C) (matter before clause (i)), the words ‘‘Com-
                                                                              mittee on Oversight and Reform’’ are substituted for ‘‘Committee
                                                                              on Oversight and Government Reform’’ on authority of Rule X(1)(n)
                                                                              of the Rules of the House of Representatives, adopted by House
                                                                              Resolution No. 6 (116th Congress, January 9, 2019).
                                                                                                                            SECTION 13108
                                                                                   Revised Section           Source (U.S. Code)                           Source (Pub. L.)

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


                                                                                                                            SECTION 13109
                                                                                   Revised Section           Source (U.S. Code)                           Source (Pub. L.)

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


                                                                                                                            SECTION 13110
                                                                                   Revised Section           Source (U.S. Code)                           Source (Pub. L.)

                                                                              13110 .................    5 U.S.C. App. (EGA            Pub. L. 95–521, title I, § 108, Oct. 26, 1978, 92
                                                                                                           § 108)                        Stat. 1835; Pub. L. 96–19, § 9(t), June 13,
                                                                                                                                         1979, 93 Stat. 44; Pub. L. 101–194, title II,




dlhill on DSK120RN23PROD with HEARING
                                                                                                                                         § 202, Nov. 30, 1989, 103 Stat. 1741.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00025   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX       HR193
                                                                                                                                   26

                                                                                                                            SECTION 13111
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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


                                                                                                                            SECTION 13121
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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


                                                                                                                            SECTION 13122
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                 In subsection (b)(1), the reference to ‘‘subchapter I’’ is substituted
                                                                              for ‘‘title II of this Act’’ for clarity and to update an obsolete ref-
                                                                              erence in the law. The reference to ‘‘title II of this Act’’ means title
                                                                              II of the Ethics in Government Act of 1978, which was previously
                                                                              repealed. Section 201 of the Ethics Reform Act of 1989 (Public Law
                                                                              101–194, 103 Stat. 1724) repealed title II of the Ethics in Govern-
                                                                              ment Act of 1978. Section 202 of the Ethics Reform Act of 1989
                                                                              (Public Law 101–194, 103 Stat. 1724) enacted a general amend-
                                                                              ment of title I of the Ethics in Government Act of 1978, and, as
                                                                              amended, title I of the Ethics in Government Act of 1978 included
                                                                              provisions relating to the filing, review, and public availability of
                                                                              financial statements filed by officers and employees in the execu-
                                                                              tive, legislative, and judicial branches of the Federal Government.
                                                                              Title I of the Ethics in Government Act of 1978 is restated as ‘‘sub-
                                                                              chapter I’’ (i.e., subchapter I of chapter 131 of title 5, United States
                                                                              Code).
                                                                                 In subsection (b)(3), the reference to ‘‘subchapter I’’ is substituted
                                                                              for ‘‘title II of this Act’’ and for ‘‘such title’’ for clarity and to update
                                                                              obsolete references in the law. See the explanation in the revision
                                                                              note pertaining to subsection (b)(1) of this section.
                                                                                 In subsection (b)(15), the reference to ‘‘subchapter I’’ is sub-
                                                                              stituted for ‘‘title II of this Act’’ for clarity and to update an obso-
                                                                              lete reference in the law. See the explanation in the revision note
                                                                              pertaining to subsection (b)(1) of this section.
                                                                                 In subsection (f)(2)(B)(iv), the reference to ‘‘subchapter I’’ is sub-
                                                                              stituted for ‘‘title 2 of this Act’’ for clarity and to update an erro-
                                                                              neous and obsolete reference in the law. The reference to ‘‘title 2
                                                                              of this Act’’ should be ‘‘title II of this Act’’, meaning title II of the




dlhill on DSK120RN23PROD with HEARING
                                                                              Ethics in Government Act of 1978, which was previously repealed.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00026   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                   27

                                                                              See the explanation in the revision note pertaining to subsection
                                                                              (b)(1) of this section.
                                                                                  In subsection (f)(2)(B)(iv), the reference to ‘‘section 13108 of this
                                                                              title’’ is substituted for ‘‘section 206 of this Act’’ for clarity and to
                                                                              update an obsolete reference in the law. The reference to ‘‘section
                                                                              206 of this Act’’ means section 206 of the Ethics in Government Act
                                                                              of 1978, which was previously repealed. The Act language for the
                                                                              now repealed section 206 of the Ethics in Government Act of 1978
                                                                              appears at 92 Stat. 1847 (except that section 9(m) of Public Law
                                                                              96–19 (93 Stat. 43) amended the text of section 206(a) of the Ethics
                                                                              in Government Act of 1978 by striking ‘‘shall be’’ and inserting
                                                                              ‘‘is’’). Section 206 of the Ethics in Government Act of 1978 was re-
                                                                              pealed by section 201 of the Ethics Reform Act of 1989 (Public Law
                                                                              101–194, 103 Stat. 1724), and equivalent language was enacted as
                                                                              section 106 of the Ethics in Government Act of 1978 by section 202
                                                                              of the Ethics Reform Act of 1989 (Public Law 101–194, 103 Stat.
                                                                              1724, 1739). Section 106 of the Ethics in Government Act of 1978
                                                                              is restated as ‘‘section 13108 of this title’’ (i.e., section 13108 of title
                                                                              5, United States Code).
                                                                                  In subsection (f)(3)(B), the words ‘‘the head of the officer’s’’ are
                                                                              substituted for ‘‘the head of officer’s’’ to correct an error in the law.
                                                                                                                            SECTION 13123
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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


                                                                                                                            SECTION 13124
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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


                                                                                                                            SECTION 13125
                                                                                   Revised Section           Source (U.S. Code)                          Source (Pub. L.)

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

                                                                                Although provisions authorizing the appropriation of ‘‘such sums
                                                                              as may be necessary’’ are generally considered unnecessary, and al-
                                                                              though this provision is obsolete because it explicitly applies only
                                                                              to fiscal year 2007, the provision is nevertheless intentionally re-




dlhill on DSK120RN23PROD with HEARING
                                                                              stated in chapter 131 of title 5, United States Code.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00027   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX      HR193
                                                                                                                                   28

                                                                                                                            SECTION 13126
                                                                                   Revised Section           Source (U.S. Code)                           Source (Pub. L.)

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


                                                                                                                            SECTION 13141
                                                                                   Revised Section           Source (U.S. Code)                           Source (Pub. L.)

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


                                                                                                                            SECTION 13142
                                                                                   Revised Section           Source (U.S. Code)                           Source (Pub. L.)

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

                                                                                In paragraph (1)(A), the words ‘‘Committee on Ethics of the
                                                                              House of Representatives’’ are substituted for ‘‘Committee on
                                                                              Standards of Official Conduct of the House of Representatives’’ be-
                                                                              cause of House Resolution No. 5, 112th Congress, January 5, 2011.
                                                                                                                            SECTION 13143
                                                                                   Revised Section           Source (U.S. Code)                           Source (Pub. L.)

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


                                                                                                                            SECTION 13144
                                                                                   Revised Section           Source (U.S. Code)                           Source (Pub. L.)

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

                                                                                 In subsection (b)(2), the words ‘‘subsection (e) of section 371 of
                                                                              title 28’’ are substituted for ‘‘subsection (f) of section 371 of title 28’’
                                                                              for clarity and to update an obsolete reference in the law. Sub-
                                                                              section (f) of section 371 of title 28, United States Code, was redes-
                                                                              ignated as subsection (e) by section 654(a)(1)(B) of the Floyd D.




dlhill on DSK120RN23PROD with HEARING
                                                                              Spence National Defense Authorization Act for Fiscal Year 2001




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00028   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX       HR193
                                                                                                                                   29

                                                                              (Public Law 106–398, § 1 [div. A, title VI, § 654(a)(1)(B)], 114 Stat.
                                                                              1654, 1654A–165).
                                                                                                                            SECTION 13145
                                                                                   Revised Section           Source (U.S. Code)                         Source (Pub. L.)

                                                                              13145 .................    5 U.S.C. App. (EGA            Pub. L. 95–521, title V, § 504, as added Pub. L.
                                                                                                           § 504)                        101–194, title VI, § 601(a), Nov. 30, 1989, 103
                                                                                                                                         Stat. 1761.


                                                                                                                            SECTION 13146
                                                                                   Revised Section           Source (U.S. Code)                         Source (Pub. L.)

                                                                              13146 .................    (no source)

                                                                                This section is added in accordance with section 603 of the Ethics
                                                                              Reform Act of 1989 (Public Law 101–194, 26 U.S.C. 7701 note).
                                                                              Section 603 of the Ethics Reform Act of 1989 provides that amend-
                                                                              ments made by title VI of the Act (103 Stat. 1760) shall cease to
                                                                              be effective if the provisions of section 703 of the Act (5 U.S.C. 5318
                                                                              note) are repealed, in which case the laws in effect before the
                                                                              amendments made by title VI of the Act shall be deemed to be re-
                                                                              enacted. Among other things, the amendments made by title VI of
                                                                              the Ethics Reform Act of 1989 enacted a general rewrite of title V
                                                                              of the Ethics in Government Act of 1978, which is restated as this
                                                                              subchapter. If the provisions of section 703 of the Ethics Reform
                                                                              Act of 1989 (Public Law 101–194, 5 U.S.C. 5318 note) are repealed,
                                                                              then this subchapter shall cease to be effective, and the prior provi-
                                                                              sions of title V of the Ethics in Government Act of 1978 shall be
                                                                              deemed to be reenacted. The prior provisions of title V of the Ethics
                                                                              in Government Act of 1978 (Public Law 95–521, 92 Stat. 1864) re-
                                                                              late to an amendment to section 207 of title 18, United States
                                                                              Code, which has previously been executed to text.
                                                                              Section 4—Technical Amendments
                                                                                 Section 4(a) of the bill makes technical amendments to update
                                                                              references to the Federal Advisory Committee Act (Public Law 92–
                                                                              463), which is restated by section 3(a) of the bill as chapter 10 of
                                                                              title 5, United States Code.
                                                                                 Section 4(b) of the bill makes technical amendments to update
                                                                              references to the Inspector General Act of 1978 (Public Law 95–
                                                                              452), which is restated by section 3(b) of the bill as chapter 4 of
                                                                              title 5, United States Code.
                                                                                 Section 4(c) of the bill makes technical amendments to update
                                                                              references to the Ethics in Government Act of 1978 (Public Law
                                                                              95–521), which is restated by section 3(c) of the bill as chapter 131
                                                                              of title 5, United States Code.
                                                                                 Section 4(d) of the bill makes technical amendments to update
                                                                              tables of contents in title 5, United States Code.
                                                                                 In the course of preparing the amendments to update references
                                                                              in section 4 of the bill, several errors in the existing law were iden-
                                                                              tified and corrected. The corrections are explained in detail in the
                                                                              paragraphs below.
                                                                                 Section 4(b)(82)(A)(i) of the bill amends section 160(a) (matter be-




dlhill on DSK120RN23PROD with HEARING
                                                                              fore paragraph (1)) of the Energy Policy Act of 1992 (42 U.S.C.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006       PO 00000   Frm 00029   Fmt 6659    Sfmt 6602   E:\HR\OC\HR193.XXX     HR193
                                                                                                                              30

                                                                              8262f(a) (matter before paragraph (1))) by striking ‘‘section 11(2) of
                                                                              the Inspector General Act of 1978 (5 U.S.C. App.),’’ and inserting
                                                                              ‘‘section 401(1) of title 5, United States Code,’’. The existing ref-
                                                                              erence to ‘‘section 11(2) of the Inspector General Act of 1978 (5
                                                                              U.S.C. App.)’’ is erroneous because section 11 of the Inspector Gen-
                                                                              eral Act of 1978 was renumbered as section 12 by section 7(a) of
                                                                              Public Law 110–409 (122 Stat. 4305). Section 12(2) of the Inspector
                                                                              General Act of 1978 is restated as section 401(1) of title 5, United
                                                                              States Code.
                                                                                 Section 4(b)(82)(A)(ii) of the bill amends section 160(a) (matter
                                                                              before paragraph (1)) of the Energy Policy Act of 1992 (42 U.S.C.
                                                                              8262f(a) (matter before paragraph (1))) by striking ‘‘section 8E(f)(1)
                                                                              as established by section 8E(a)(2) of the Inspector General Act
                                                                              Amendments of 1988 (Public Law 100–504)’’ and inserting ‘‘section
                                                                              415(f) of title 5, United States Code,’’. The existing reference to
                                                                              ‘‘section 8E(f)(1) as established by section 8E(a)(2) of the Inspector
                                                                              General Act Amendments of 1988 (Public Law 100–504)’’ is erro-
                                                                              neous because section 8E of the Inspector General Act of 1978 was
                                                                              added by section 104(a)—not ‘‘section 8E(a)(2)’’—of the Inspector
                                                                              General Act Amendments of 1988 (Public Law 100–504, 102 Stat.
                                                                              2522, 2524). In addition, the existing reference is erroneous be-
                                                                              cause section 8E of the Inspector General Act of 1978 was succes-
                                                                              sively redesignated as section 8F (by Public Law 103–82,
                                                                              § 202(g)(1), 107 Stat. 889) and as section 8G (by Public Law 103–
                                                                              204, § 23(a)(3), 107 Stat. 2408). The provision was also amended
                                                                              several times. The existing reference to ‘‘section 8E(f)(1)’’ means the
                                                                              language that originally constituted section 8E(f)(1) (see 102 Stat.
                                                                              2524). That language no longer appears in the Act as amended.
                                                                              The closest analog is the language in section 8G(f) of the Inspector
                                                                              General Act of 1978, which is restated as section 415(f) of title 5,
                                                                              United States Code.
                                                                                 Section 4(b)(85) of the bill amends section 192A(g)(6) of the Na-
                                                                              tional and Community Service Act of 1990 (42 U.S.C. 12651b(g)(6))
                                                                              by striking ‘‘section 8E of the Inspector General Act of 1978;’’ and
                                                                              inserting ‘‘section 414 of title 5, United States Code;’’. The existing
                                                                              reference to ‘‘section 8E of the Inspector General Act of 1978;’’ is
                                                                              erroneous because section 8E of the Inspector General Act of 1978,
                                                                              as added by section 202(g)(1) of Public Law 103–82 (107 Stat. 889),
                                                                              was redesignated as section 8F by section 23(a)(3) of Public Law
                                                                              103–204 (107 Stat. 2408). Section 8F of the Inspector General Act
                                                                              of 1978 is restated as section 414 of title 5, United States Code.
                                                                                 Section 4(b)(86) of the bill amends section 193A(a) of the Na-
                                                                              tional and Community Service Act of 1990 (42 U.S.C. 12651d(a)) by
                                                                              striking ‘‘section 8E of the Inspector General Act of 1978.’’ and in-
                                                                              serting ‘‘section 414 of title 5, United States Code.’’. The existing
                                                                              reference to ‘‘section 8E of the Inspector General Act of 1978.’’ is
                                                                              erroneous because section 8E of the Inspector General Act of 1978,
                                                                              as added by section 202(g)(1) of Public Law 103–82 (107 Stat. 889),
                                                                              was redesignated as section 8F by section 23(a)(3) of Public Law
                                                                              103–204 (107 Stat. 2408). Section 8F of the Inspector General Act
                                                                              of 1978 is restated as section 414 of title 5, United States Code.
                                                                                 Section 4(b)(88) of the bill amends section 195(a) of the National
                                                                              and Community Service Act of 1990 (42 U.S.C. 12651f(a)) by strik-
                                                                              ing ‘‘section 8E of the Inspector General Act of 1978,’’ and inserting




dlhill on DSK120RN23PROD with HEARING
                                                                              ‘‘section 414 of title 5, United States Code,’’. The existing reference




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00030   Fmt 6659   Sfmt 6602   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              31

                                                                              to ‘‘section 8E of the Inspector General Act of 1978,’’ is erroneous
                                                                              because section 8E of the Inspector General Act of 1978, as added
                                                                              by section 202(g)(1) of Public Law 103–82 (107 Stat. 889), was re-
                                                                              designated as section 8F by section 23(a)(3) of Public Law 103–204
                                                                              (107 Stat. 2408). Section 8F of the Inspector General Act of 1978
                                                                              is restated as section 414 of title 5, United States Code.
                                                                              Section 5—Transitional and Savings Provisions
                                                                                Section 5 of the bill contains transitional and savings provisions.
                                                                              Section 6—Effect of References to Title 5 on Application of Ethics
                                                                                   Provisions
                                                                                 Section 6 of the bill provides that a Federal statute providing
                                                                              that title 5 of the United States Code as a whole is inapplicable,
                                                                              or providing that an appointment may be made without regard to
                                                                              the provisions of title 5 governing appointment in the competitive
                                                                              service, shall not affect the application of any provision of chapter
                                                                              131 of title 5, United States Code. Provisions of the Ethics in Gov-
                                                                              ernment Act of 1978, which were previously set out in an appendix
                                                                              to title 5, United States Code, are restated as chapter 131 of title
                                                                              5, United States Code, by section 3(c) of the bill. Section 6 of the
                                                                              bill is added to clarify that the application of the ethics provisions
                                                                              is not affected by the transfer of those provisions from the appendix
                                                                              to the body of title 5, United States Code.
                                                                              Section 7—Repeals
                                                                                 Section 7 of the bill repeals provisions replaced by the bill (see
                                                                              ‘‘Disposition Table’’ above).
                                                                                   Changes in Existing Law Made by the Bill, as Reported
                                                                                 In compliance with clause 3(e) of House Rule XIII, changes in ex-
                                                                              isting law made by the bill, H.R. 5961, as reported, are shown as
                                                                              follows:
                                                                                                CHANGES IN EXISTING LAW MADE BY THE BILL
                                                                                Set out below is a comparative print showing changes in existing
                                                                              law made by the bill. Insertions are shown in italic and omissions
                                                                              are surrounded by brackets.
                                                                               Changes in Existing Law Made by Section 3(a) of the Bill (Amending Part
                                                                                                   I of Title 5, United States Code)

                                                                                     CHAPTER 10—FEDERAL ADVISORY COMMITTEES
                                                                              Sec.
                                                                              1001. Definitions.
                                                                              1002. Findings and declarations.
                                                                              1003. Applicability.
                                                                              1004. Responsibilities of congressional committees.
                                                                              1005. Responsibilities of the President.
                                                                              1006. Responsibilities of the Administrator.
                                                                              1007. Responsibilities of agency heads.
                                                                              1008. Establishment and purpose of advisory committees.
                                                                              1009. Advisory committee procedures.
                                                                              1010. Availability of transcripts.
                                                                              1011. Fiscal and administrative provisions.




dlhill on DSK120RN23PROD with HEARING
                                                                              1012. Responsibilities of Library of Congress.
                                                                              1013. Termination of advisory committees.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00031   Fmt 6659   Sfmt 6613   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              32
                                                                              1014. Requirements relating to National Academy of Sciences and National Academy
                                                                                          of Public Administration.

                                                                              § 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’’ ex-
                                                                                        cludes—
                                                                                               (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 Acad-
                                                                                            emy of Sciences or the National Academy of Public Ad-
                                                                                            ministration.
                                                                                     (3) AGENCY.—The term ‘‘agency’’ has the meaning given the
                                                                                   term in section 551 of this title.
                                                                                     (4) PRESIDENTIAL ADVISORY COMMITTEE.—The term ‘‘Presi-
                                                                                   dential advisory committee’’ means an advisory committee that
                                                                                   advises the President.
                                                                              § 1002. Findings and Declarations
                                                                                 (a) FINDINGS.—Congress finds that there are numerous commit-
                                                                              tees, 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 estab-
                                                                                   lished;
                                                                                      (4) standards and uniform procedures should govern the es-
                                                                                   tablishment, operation, administration, and duration of advi-




dlhill on DSK120RN23PROD with HEARING
                                                                                   sory committees;




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00032   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              33

                                                                                        (5) Congress and the public should be kept informed with re-
                                                                                     spect 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 deter-
                                                                                     mined, in accordance with law, by the official, agency, or officer
                                                                                     involved.
                                                                              § 1003. Applicability
                                                                                 (a) IN GENERAL.—This chapter, and any rule, order, or regulation
                                                                              promulgated under this chapter, shall apply to each advisory com-
                                                                              mittee except to the extent that the Act establishing the advisory
                                                                              committee specifically provides otherwise.
                                                                                 (b) EXEMPTIONS RELATING TO CERTAIN FEDERAL ENTITIES.—
                                                                              Nothing in this chapter shall be construed to apply to an advisory
                                                                              committee established or utilized by—
                                                                                      (1) the Central Intelligence Agency;
                                                                                      (2) the Federal Reserve System; or
                                                                                      (3) the Office of the Director of National Intelligence, if the
                                                                                    Director of National Intelligence determines that for reasons of
                                                                                    national security the advisory committee cannot comply with
                                                                                    the requirements of this chapter.
                                                                                 (c) EXEMPTIONS RELATING TO CERTAIN LOCAL AND STATE ENTI-
                                                                              TIES.—Nothing in this chapter shall be construed to apply to any
                                                                              local civic group whose primary function is that of rendering a pub-
                                                                              lic 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.
                                                                              § 1004. Responsibilities of Congressional Committees
                                                                                 (a) REVIEW OF ACTIVITIES.—In the exercise of its legislative review
                                                                              function, each standing committee of the Senate and the House of
                                                                              Representatives shall make a continuing review of the activities of
                                                                              each advisory committee under its jurisdiction to determine whether
                                                                              such advisory committee should be abolished or merged with any
                                                                              other advisory committee, whether the responsibilities of such advi-
                                                                              sory committee should be revised, and whether such advisory com-
                                                                              mittee performs a necessary function not already being performed.
                                                                              Each such standing committee shall take appropriate action to ob-
                                                                              tain the enactment of legislation necessary to carry out the purpose
                                                                              of this subsection.
                                                                                 (b) CONSIDERATION OF LEGISLATION.—In considering legislation
                                                                              establishing, or authorizing the establishment of any advisory com-
                                                                              mittee, 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 com-




dlhill on DSK120RN23PROD with HEARING
                                                                                   mittee;




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00033   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              34

                                                                                      (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 in-
                                                                                   appropriately 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 appro-
                                                                                   priations, the date for submission of reports (if any), the dura-
                                                                                   tion 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 agen-
                                                                                   cy or employed by it), will be provided adequate quarters, and
                                                                                   will have funds available to meet its other necessary expenses.
                                                                                (c) ADHERENCE TO GUIDELINES.—To the extent they are applica-
                                                                              ble, the guidelines set out in subsection (b) shall be followed by the
                                                                              President, agency heads, or other Federal officials in creating an
                                                                              advisory committee.
                                                                              § 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 advi-
                                                                              sory 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.
                                                                              § 1006. Responsibilities of the Administrator
                                                                                 (a) COMMITTEE MANAGEMENT SECRETARIAT.—The Administrator
                                                                              shall establish and maintain within the General Services Adminis-
                                                                              tration a Committee Management Secretariat, which shall be re-
                                                                              sponsible for all matters relating to advisory committees.
                                                                                 (b) ANNUAL REVIEWS.—
                                                                                      (1) IN GENERAL.—Each year, the Administrator shall conduct
                                                                                   a comprehensive review of the activities and responsibilities of
                                                                                   each advisory committee to determine—
                                                                                           (A) whether the committee is carrying out its purpose;
                                                                                           (B) whether, consistent with the provisions of applicable
                                                                                        statutes, the responsibilities assigned to the committee
                                                                                        should be revised;
                                                                                           (C) whether the committee should be merged with other
                                                                                        advisory committees; or
                                                                                           (D) whether the committee should be abolished.
                                                                                      (2) OBTAINING INFORMATION.—The Administrator may from
                                                                                   time to time request such information as the Administrator




dlhill on DSK120RN23PROD with HEARING
                                                                                   deems necessary to carry out functions under this subsection.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00034   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              35

                                                                                   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 con-
                                                                              sider 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 con-
                                                                                   sultation with the Director of the Office of Personnel Manage-
                                                                                   ment, 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 ap-
                                                                                   propriate recognition to the responsibilities and qualifications
                                                                                   required and other relevant factors. The guidelines shall pro-
                                                                                   vide 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 per-
                                                                                        formance of their advisory committee duties if the mem-
                                                                                        bers—
                                                                                                (i) are blind or deaf or otherwise qualify as individ-
                                                                                             uals with disabilities (within the meaning of section
                                                                                             501 of the Rehabilitation Act of 1973 (29 U.S.C. 791));
                                                                                             and
                                                                                                (ii) do not otherwise qualify for assistance under sec-
                                                                                             tion 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 sub-
                                                                                   section shall prevent an individual from receiving compensation
                                                                                   at the rate at which the individual would otherwise be com-
                                                                                   pensated (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 imme-




dlhill on DSK120RN23PROD with HEARING
                                                                                        diately before service with an advisory committee.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00035   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              36

                                                                                (e) BUDGET RECOMMENDATIONS.—The Administrator shall in-
                                                                              clude in budget recommendations a summary of the amounts the
                                                                              Administrator considers necessary for the expenses of advisory com-
                                                                              mittees, including the expenses for publication of reports where ap-
                                                                              propriate.
                                                                              § 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 Admin-
                                                                              istrator 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 Ad-
                                                                              visory Committee Management Officer who shall—
                                                                                      (1) exercise control and supervision over the establishment,
                                                                                   procedures, and accomplishments of advisory committees estab-
                                                                                   lished by the agency;
                                                                                      (2) assemble and maintain the reports, records, and other pa-
                                                                                   pers of any advisory committee established by the agency dur-
                                                                                   ing 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.
                                                                              § 1008. Establishment and Purpose of Advisory Committees
                                                                                 (a) ESTABLISHMENT.—An advisory committee shall not be estab-
                                                                              lished unless establishment is—
                                                                                      (1) specifically authorized by statute or by the President; or
                                                                                      (2) determined as a matter of formal record, by the head of
                                                                                    the agency involved after consultation with the Administrator,
                                                                                    with timely notice published in the Federal Register, to be in
                                                                                    the public interest in connection with the performance of duties
                                                                                    imposed on that agency by law.
                                                                                 (b) PURPOSE OF ADVISORY COMMITTEES.—Unless otherwise spe-
                                                                              cifically provided by statute or Presidential directive, advisory com-
                                                                              mittees shall be utilized solely for advisory functions. Determina-
                                                                              tions of action to be taken and policy to be expressed with respect
                                                                              to matters upon which an advisory committee reports or makes rec-
                                                                              ommendations 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 ad-
                                                                                        visory committees; or
                                                                                           (B) with—
                                                                                               (i) the head of the agency to whom the advisory com-
                                                                                             mittee reports; and
                                                                                               (ii) the standing committees of the Senate and House
                                                                                             of Representatives having legislative jurisdiction over




dlhill on DSK120RN23PROD with HEARING
                                                                                             the agency to which the advisory committee reports.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00036   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              37

                                                                                        (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 com-
                                                                                          mittee in dollars and person-years;
                                                                                            (H) the estimated number and frequency of committee
                                                                                          meetings;
                                                                                            (I) the committee’s termination date, if less than 2 years
                                                                                          from the date of the committee’s establishment; and
                                                                                            (J) the date the charter is filed.
                                                                                        (3) COPY OF CHARTER TO LIBRARY OF CONGRESS.—A copy of
                                                                                     the advisory committee charter shall be furnished to the Library
                                                                                     of Congress.
                                                                              § 1009. Advisory Committee Procedures
                                                                                 (a) COMMITTEE MEETINGS.—
                                                                                      (1) OPEN TO PUBLIC.—Each advisory committee meeting shall
                                                                                    be open to the public.
                                                                                      (2) NOTICE OF MEETINGS.—Except when the President deter-
                                                                                    mines 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 com-
                                                                                    mittee, subject to such reasonable rules or regulations as the
                                                                                    Administrator may prescribe.
                                                                                 (b) PUBLIC INSPECTION AND COPYING OF RECORDS.—Subject to
                                                                              section 552 of this title, the records, reports, transcripts, minutes,
                                                                              appendixes, working papers, drafts, studies, agenda, or other docu-
                                                                              ments which were made available to or prepared for or by each ad-
                                                                              visory committee shall be available for public inspection and copy-
                                                                              ing at a single location in the offices of the advisory committee or
                                                                              the agency to which the advisory committee reports until the advi-
                                                                              sory committee ceases to exist.
                                                                                 (c) MINUTES.—Detailed minutes of each meeting of each advisory
                                                                              committee shall be kept and shall contain a record of the persons
                                                                              present, a complete and accurate description of matters discussed
                                                                              and conclusions reached, and copies of all reports received, issued,
                                                                              or approved by the advisory committee. The accuracy of all minutes
                                                                              shall be certified by the chairman of the advisory committee.
                                                                                 (d) CLOSED SESSIONS.—Paragraphs (1) and (3) of subsection (a)
                                                                              shall not apply to any portion of an advisory committee meeting for
                                                                              which the President, or the head of the agency to which the advisory




dlhill on DSK120RN23PROD with HEARING
                                                                              committee reports, determines that such portion of the meeting may




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00037   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              38

                                                                              be closed to the public in accordance with section 552b(c) of this
                                                                              title. Any such determination shall be in writing and shall contain
                                                                              the reasons for the determination. If such a determination is made,
                                                                              the advisory committee shall issue a report, at least annually, set-
                                                                              ting forth a summary of its activities and such related matters as
                                                                              would be informative to the public consistent with the policy of sec-
                                                                              tion 552(b) of this title.
                                                                                 (e) DESIGNATED OFFICER OR EMPLOYEE OF FEDERAL GOVERN-
                                                                              MENT.—There shall be designated an officer or employee of the Fed-
                                                                              eral Government to chair or attend each meeting of each advisory
                                                                              committee. The officer or employee so designated is authorized,
                                                                              whenever the officer or employee determines it to be in the public in-
                                                                              terest, 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 com-
                                                                              mittees 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.
                                                                              § 1010. Availability of Transcripts
                                                                                 (a) DEFINITION OF AGENCY PROCEEDING.—In this section, the
                                                                              term ‘‘agency proceeding’’ has the meaning given the term in section
                                                                              551 of this title.
                                                                                 (b) AVAILABILITY.—Agencies and advisory committees shall make
                                                                              available to any person, at actual cost of duplication, copies of tran-
                                                                              scripts of any agency proceeding or advisory committee meeting.
                                                                              § 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 ad-
                                                                              visory committees and the nature and extent of their activities. The
                                                                              General Services Administration, or such other agency as the Presi-
                                                                              dent may designate, shall maintain financial records with respect
                                                                              to Presidential advisory committees. The Comptroller General of the
                                                                              United States, or any authorized representative of the Comptroller
                                                                              General, shall have access to the records for the purpose of audit
                                                                              and examination.
                                                                                 (b) SUPPORT SERVICES.—Each agency shall be responsible for pro-
                                                                              viding support services for each advisory committee established by
                                                                              or reporting to it unless the establishing authority provides other-
                                                                              wise. 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.
                                                                              § 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 appro-
                                                                              priate, background papers prepared by consultants. The Librarian
                                                                              of Congress shall establish a depository for the reports and papers




dlhill on DSK120RN23PROD with HEARING
                                                                              and make them available for public inspection and use.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00038   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              39

                                                                              § 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 offi-
                                                                                         cer 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 offi-
                                                                                         cer 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 com-
                                                                                    mittee, the advisory committee shall file a charter in accordance
                                                                                    with section 1008(c) of this title.
                                                                                       (2) UPON EXPIRATION OF SUCCESSIVE 2-YEAR PERIODS.—An
                                                                                    advisory committee established by an Act of Congress shall file
                                                                                    a charter in accordance with section 1008(c) of this title upon
                                                                                    the expiration of each successive 2-year period following the
                                                                                    date of enactment of the Act establishing the advisory com-
                                                                                    mittee.
                                                                                       (3) PROHIBITION ON ACTION PRIOR TO FILING CHARTER.—An
                                                                                    advisory committee required to file a charter under this sub-
                                                                                    section shall not take any action (other than preparation and
                                                                                    filing of the charter) prior to the date on which the charter is
                                                                                    filed.
                                                                                 (c) SUCCESSIVE TWO-YEAR PERIODS.—An advisory committee that
                                                                              is renewed by the President or an officer of the Federal Government
                                                                              may be continued only for successive 2-year periods by appropriate
                                                                              action taken by the President or the officer prior to the date on
                                                                              which the advisory committee would otherwise terminate.
                                                                              § 1014. Requirements Relating to National Academy of
                                                                                        Sciences and National Academy of Public Adminis-
                                                                                        tration
                                                                                 (a) IN GENERAL.—An agency may not use any advice or rec-
                                                                              ommendation provided by the National Academy of Sciences or Na-
                                                                              tional Academy of Public Administration that was developed by use
                                                                              of a committee created by that academy under an agreement with




dlhill on DSK120RN23PROD with HEARING
                                                                              an agency, unless—




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00039   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              40

                                                                                      (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 ac-
                                                                                   cordance with the requirements described in subsection (b) (1);
                                                                                   and
                                                                                      (3) in developing the advice or recommendation, the academy
                                                                                   complied with—
                                                                                            (A) subsection (b)(2) through (6), in the case of any advice
                                                                                         or recommendation provided by the National Academy of
                                                                                         Sciences; or
                                                                                            (B) subsection (b)(2) and (5), in the case of any advice or
                                                                                         recommendation provided by the National Academy of Pub-
                                                                                         lic Administration.
                                                                                (b) REQUIREMENTS.—The requirements referred to in subsection
                                                                              (a) are as follows:
                                                                                      (1) PUBLIC NOTICE REGARDING APPOINTEES.—The Academy
                                                                                   shall determine and provide public notice of the names and
                                                                                   brief biographies of individuals that the Academy appoints or
                                                                                   intends to appoint to serve on the committee. The Academy
                                                                                   shall determine and provide a reasonable opportunity for the
                                                                                   public to comment on appointments before they are made or, if
                                                                                   the Academy determines prior comment is not practicable, in
                                                                                   the period immediately following the appointments. The Acad-
                                                                                   emy shall require that any individual the Academy appoints (or
                                                                                   intends to appoint) to serve on the committee inform the Acad-
                                                                                   emy of the individual’s conflicts of interest that are relevant to
                                                                                   the functions to be performed. The Academy shall make its best
                                                                                   efforts to ensure that—
                                                                                            (A) no individual appointed to serve on the committee
                                                                                         has a conflict of interest that is relevant to the functions to
                                                                                         be performed, unless such conflict is promptly and publicly
                                                                                         disclosed and the Academy determines that the conflict is
                                                                                         unavoidable;
                                                                                            (B) the committee membership is fairly balanced as deter-
                                                                                         mined 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 meet-
                                                                                   ing would disclose matters described in section 552(b) of this
                                                                                   title. The Academy shall make available to the public, at rea-
                                                                                   sonable charge if appropriate, written materials presented to
                                                                                   the committee by individuals who are not officials, agents, or
                                                                                   employees of the Academy, unless the Academy determines that
                                                                                   making material available would disclose matters described in
                                                                                   section 552(b) of this title.
                                                                                      (4) OTHER MEETINGS.—The Academy shall make available to




dlhill on DSK120RN23PROD with HEARING
                                                                                   the public as soon as practicable, at reasonable charge if appro-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00040   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                               41

                                                                                    priate, 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, un-
                                                                                    less 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 re-
                                                                                    port, the Academy shall make publicly available the names of
                                                                                    the principal reviewers who reviewed the report in draft form
                                                                                    and who are not officials, agents, or employees of the Academy.
                                                                                 (c) REGULATIONS.—The Administrator of General Services may
                                                                              issue regulations implementing this section.
                                                                                   Changes in Existing Law Made by Section 3(b) of the Bill (Amending Part
                                                                                                       I of Title 5, United States Code)

                                                                                                  CHAPTER 4—INSPECTORS GENERAL
                                                                              Sec.
                                                                              401. Definitions.
                                                                              402. Establishment and purpose of Offices of Inspector General.
                                                                              403. Appointments.
                                                                              404. Duties and responsibilities.
                                                                              405. Reports.
                                                                              406. Authority of Inspector General.
                                                                              407. Complaints by employees.
                                                                              408. Additional provisions with respect to the Inspector General of the Department
                                                                                           of Defense.
                                                                              409. Special provisions concerning the Agency for International Development.
                                                                              410. Special provisions concerning the Nuclear Regulatory Commission.
                                                                              411. Special provisions concerning the Federal Deposit Insurance Corporation.
                                                                              412. Special provisions concerning the Department of the Treasury.
                                                                              413. Special provisions concerning the Department of Justice.
                                                                              414. Special provisions concerning the Corporation for National and Community
                                                                                           Service.
                                                                              415. Requirements for Federal entities and designated Federal entities.
                                                                              416. Additional provisions with respect to Inspectors General of the intelligence com-
                                                                                           munity.
                                                                              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 Effi-
                                                                                           ciency.

                                                                              § 401. Definitions
                                                                                 In this chapter:
                                                                                     (1) ESTABLISHMENT.—The term ‘‘establishment’’ means the
                                                                                   Department of Agriculture, Commerce, Defense, Education, En-




dlhill on DSK120RN23PROD with HEARING
                                                                                   ergy, Health and Human Services, Housing and Urban Devel-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006   PO 00000   Frm 00041   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              42

                                                                                     opment, the Interior, Justice, Labor, State, Transportation,
                                                                                     Homeland Security, the Treasury, or Veterans Affairs; the Agen-
                                                                                     cy 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 Adminis-
                                                                                     tration, the National Aeronautics and Space Administration,
                                                                                     the Nuclear Regulatory Commission, the Office of Personnel
                                                                                     Management, the Railroad Retirement Board, the Federal De-
                                                                                     posit Insurance Corporation, the Small Business Administra-
                                                                                     tion, 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 es-
                                                                                     tablishment as defined in paragraph (1)), but shall not be con-
                                                                                     strued to include the Government Accountability Office.
                                                                                        (3) HEAD OF THE ESTABLISHMENT.—The term ‘‘head of the es-
                                                                                     tablishment’’ 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, Gen-
                                                                                     eral 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 Nu-
                                                                                     clear Regulatory Commission, the Federal Communications
                                                                                     Commission, or the Railroad Retirement Board; the Chief Exec-
                                                                                     utive Officer of the Corporation for National and Community
                                                                                     Service; the Administrator of the Community Development Fi-
                                                                                     nancial Institutions Fund; the Chairperson of the Federal De-
                                                                                     posit Insurance Corporation; the Commissioner of Social Secu-
                                                                                     rity, Social Security Administration; the Director of the Federal
                                                                                     Housing Finance Agency; the Board of Directors of the Ten-
                                                                                     nessee 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 Di-
                                                                                     rector 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.
                                                                              § 402. Establishment and Purpose of Offices of Inspector Gen-
                                                                                          eral
                                                                                 (a) ESTABLISHMENT.—
                                                                                      (1) IN GENERAL.—Subject to paragraph (2), in each of the es-
                                                                                   tablishments listed in section 401(1) of this title, there is estab-




dlhill on DSK120RN23PROD with HEARING
                                                                                   lished an Office of Inspector General.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00042   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              43

                                                                                     (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 Ad-
                                                                                        ministration.
                                                                                (b) PURPOSE.—The offices established under subsection (a) are es-
                                                                              tablished in order to create independent and objective units—
                                                                                     (1) to conduct and supervise audits and investigations relat-
                                                                                   ing 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 pro-
                                                                                        grams and operations; and
                                                                                     (3) to provide a means for keeping the head of the establish-
                                                                                   ments and Congress fully and currently informed about prob-
                                                                                   lems and deficiencies relating to the administration of those
                                                                                   programs and operations and the necessity for and progress of
                                                                                   corrective action.
                                                                              § 403. Appointments
                                                                                 (a) IN GENERAL.—There shall be at the head of each Office an In-
                                                                              spector General who shall be appointed by the President, by and
                                                                              with the advice and consent of the Senate, without regard to polit-
                                                                              ical affiliation and solely on the basis of integrity and demonstrated
                                                                              ability in accounting, auditing, financial analysis, law, manage-
                                                                              ment analysis, public administration, or investigations. Each In-
                                                                              spector General shall report to and be under the general supervision
                                                                              of the head of the establishment involved or, to the extent such au-
                                                                              thority 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 In-
                                                                              spector General from initiating, carrying out, or completing any
                                                                              audit or investigation, or from issuing any subpoena during the
                                                                              course of any audit or investigation.
                                                                                 (b) REMOVAL OR TRANSFER.—An Inspector General may be re-
                                                                              moved from office by the President. If an Inspector General is re-
                                                                              moved from office or is transferred to another position or location
                                                                              within an establishment, the President shall communicate in writ-
                                                                              ing 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 other-
                                                                              wise 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 consid-
                                                                              ered 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 PRO-




dlhill on DSK120RN23PROD with HEARING
                                                                              TECTION COORDINATOR.—




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00043   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              44

                                                                                        (1) IN GENERAL.—Each Inspector General shall, in accordance
                                                                                     with applicable laws and regulations governing the civil serv-
                                                                                     ice—
                                                                                             (A) appoint an Assistant Inspector General for Auditing
                                                                                          who shall have the responsibility for supervising the per-
                                                                                          formance of auditing activities relating to programs and
                                                                                          operations of the establishment;
                                                                                             (B) appoint an Assistant Inspector General for Investiga-
                                                                                          tions who shall have the responsibility for supervising the
                                                                                          performance of investigative activities relating to such pro-
                                                                                          grams and operations; and
                                                                                             (C) designate a Whistleblower Protection Coordinator
                                                                                          who shall—
                                                                                                 (i) educate agency employees—
                                                                                                       (I) about prohibitions against retaliation for pro-
                                                                                                    tected disclosures; and
                                                                                                       (II) who have made or are contemplating mak-
                                                                                                    ing a protected disclosure about the rights and
                                                                                                    remedies against retaliation for protected disclo-
                                                                                                    sures, 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 Sys-
                                                                                                          tems Protection Board, and any other relevant
                                                                                                          entities; and
                                                                                                            (bb) general information about the timeli-
                                                                                                          ness of such cases, the availability of any al-
                                                                                                          ternative 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 com-
                                                                                               munication and coordination with the Special Counsel,
                                                                                               the Council of the Inspectors General on Integrity and
                                                                                               Efficiency, the establishment, Congress, and any other
                                                                                               relevant entity regarding the timely and appropriate
                                                                                               handling and consideration of protected disclosures, al-
                                                                                               legations 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 Whis-
                                                                                     tleblower Protection Coordinator shall not act as a legal rep-
                                                                                     resentative, agent, or advocate of the employee or former em-
                                                                                     ployee.
                                                                                        (3) WHISTLEBLOWER PROTECTION COORDINATOR ACCESS TO IN-
                                                                                     SPECTOR 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




dlhill on DSK120RN23PROD with HEARING
                                                                                     FOR INTELLIGENCE ACTIVITY.—For the purposes of this section,




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00044   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              45

                                                                                    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 com-
                                                                                         munity (as defined in section 3(4) of the National Security
                                                                                         Act of 1947 (50 U.S.C. 3003(4)); or
                                                                                           (B) as determined by the President, any executive agency
                                                                                         or unit thereof the principal function of which is the con-
                                                                                         duct 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 de-
                                                                              fined 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, ob-
                                                                              tain legal advice from a counsel either reporting directly to the In-
                                                                              spector General or another Inspector General.
                                                                              § 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 pro-
                                                                                   grams and operations of the establishment;
                                                                                      (2) to review existing and proposed legislation and regula-
                                                                                   tions relating to programs and operations of the establishment
                                                                                   and to make recommendations in the semiannual reports re-
                                                                                   quired 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 estab-
                                                                                   lishment for the purpose of promoting economy and efficiency in
                                                                                   the administration of, or preventing and detecting fraud and
                                                                                   abuse in, its programs and operations;
                                                                                      (4) to recommend policies for the establishment, and to con-
                                                                                   duct, supervise, or coordinate relationships between the estab-
                                                                                   lishment and other Federal agencies, State and local govern-
                                                                                   mental 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 sec-




dlhill on DSK120RN23PROD with HEARING
                                                                                   tion 405 of this title and otherwise, concerning fraud and other




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00045   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              46

                                                                                   serious problems, abuses, and deficiencies relating to the ad-
                                                                                   ministration of programs and operations administered or fi-
                                                                                   nanced by the establishment, to recommend corrective action
                                                                                   concerning the problems, abuses, and deficiencies, and to report
                                                                                   on the progress made in implementing the corrective action.
                                                                                (b) STANDARDS AND GUIDELINES.—
                                                                                      (1) IN GENERAL.—In carrying out the responsibilities specified
                                                                                   in subsection (a)(1), each Inspector General shall—
                                                                                            (A) comply with standards established by the Comptroller
                                                                                         General of the United States for audits of Federal estab-
                                                                                         lishments, organizations, programs, activities, and func-
                                                                                         tions;
                                                                                            (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 per-
                                                                                         formed by non-Federal auditors complies with the stand-
                                                                                         ards established by the Comptroller General as described in
                                                                                         paragraph (1).
                                                                                      (2) REVIEWS PERFORMED EXCLUSIVELY BY AUDIT ENTITIES IN
                                                                                   FEDERAL GOVERNMENT.—For purposes of determining compli-
                                                                                   ance with paragraph (1)(A) with respect to whether internal
                                                                                   quality controls are in place and operating and whether estab-
                                                                                   lished audit standards, policies, and procedures are being fol-
                                                                                   lowed 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 per-
                                                                                   formed exclusively by an audit entity in the Federal Govern-
                                                                                   ment, including the Government Accountability Office or the Of-
                                                                                   fice 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 avoid-
                                                                              ing duplication and ensuring effective coordination and cooperation.
                                                                                (d) REPORTING VIOLATION OF FEDERAL CRIMINAL LAW.—In car-
                                                                              rying out the duties and responsibilities established under this
                                                                              chapter, each Inspector General shall report expeditiously to the At-
                                                                              torney 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 ac-
                                                                                   tion to the agency, the Inspector General—
                                                                                            (A) shall submit the document making a recommendation
                                                                                         for corrective action to—
                                                                                                 (i) the head of the establishment;




dlhill on DSK120RN23PROD with HEARING
                                                                                                 (ii) the congressional committees of jurisdiction; and




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00046   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              47

                                                                                                 (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 re-
                                                                                         quest; and
                                                                                            (C) not later than 3 days after the recommendation for
                                                                                         corrective action is submitted in final form to the head of
                                                                                         the establishment, post the document making a rec-
                                                                                         ommendation for corrective action on the website of the Of-
                                                                                         fice 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.
                                                                              § 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 Govern-
                                                                                   ment.
                                                                                      (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 deci-
                                                                                        sion, are necessary with respect to the findings and rec-
                                                                                        ommendations 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 deci-
                                                                                   sion’’ means the evaluation by the management of an establish-
                                                                                   ment of the findings and recommendations included in an
                                                                                   audit report and the issuance of a final decision by manage-
                                                                                   ment concerning its response to the findings and recommenda-
                                                                                   tions, 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, regula-
                                                                                        tion, contract, grant, cooperative agreement, or other agree-
                                                                                        ment or document governing the expenditure of funds;
                                                                                           (B) a finding that, at the time of the audit, the cost is not
                                                                                        supported by adequate documentation; or
                                                                                           (C) a finding that the expenditure of funds for the in-
                                                                                        tended 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




dlhill on DSK120RN23PROD with HEARING
                                                                                        guarantees, insurance, or bonds;




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00047   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              48

                                                                                           (D) costs not incurred by implementing recommended im-
                                                                                        provements 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 Gov-
                                                                                   ernment employee’’ means—
                                                                                           (A) an officer or employee in the executive branch (includ-
                                                                                        ing 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 posi-
                                                                                        tions 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 Gen-
                                                                                        eral 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 ade-
                                                                                   quate documentation.
                                                                                (b) SEMIANNUAL REPORTS.—Each Inspector General shall, not
                                                                              later than April 30 and October 31 of each year, prepare semi-
                                                                              annual reports summarizing the activities of the Office during the
                                                                              immediately preceding 6-month periods ending March 31 and Sep-
                                                                              tember 30. The reports shall include, but need not be limited to—
                                                                                      (1) a description of significant problems, abuses, and defi-
                                                                                   ciencies relating to the administration of programs and oper-
                                                                                   ations 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 de-
                                                                                   scribed in previous semiannual reports on which corrective ac-
                                                                                   tion has not been completed;
                                                                                      (4) a summary of matters referred to prosecutive authorities
                                                                                   and the prosecutions and convictions which have resulted;
                                                                                      (5) a summary of each report made to the head of the estab-
                                                                                   lishment under section 406(c)(2) of this title during the report-
                                                                                   ing period;
                                                                                      (6) a listing, subdivided according to subject matter, of each
                                                                                   audit report, inspection report, and evaluation report issued by
                                                                                   the Office during the reporting period and for each report,
                                                                                   where applicable, the total dollar value of questioned costs (in-
                                                                                   cluding a separate category for the dollar value of unsupported
                                                                                   costs) and the dollar value of recommendations that funds be
                                                                                   put to better use;
                                                                                      (7) a summary of each particularly significant report;
                                                                                      (8) statistical tables showing the total number of audit re-
                                                                                   ports, inspection reports, and evaluation reports and the total
                                                                                   dollar value of questioned costs (including a separate category




dlhill on DSK120RN23PROD with HEARING
                                                                                   for the dollar value of unsupported costs), for reports—




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00048   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              49

                                                                                             (A) for which no management decision had been made by
                                                                                          the commencement of the reporting period;
                                                                                             (B) which were issued during the reporting period;
                                                                                             (C) for which a management decision was made during
                                                                                          the reporting period, including—
                                                                                                  (i) the dollar value of disallowed costs; and
                                                                                                  (ii) the dollar value of costs not disallowed; and
                                                                                             (D) for which no management decision has been made by
                                                                                          the end of the reporting period;
                                                                                        (9) statistical tables showing the total number of audit re-
                                                                                     ports, inspection reports, and evaluation reports and the dollar
                                                                                     value of recommendations that funds be put to better use by
                                                                                     management, for reports—
                                                                                             (A) for which no management decision had been made by
                                                                                          the commencement of the reporting period;
                                                                                             (B) which were issued during the reporting period;
                                                                                             (C) for which a management decision was made during
                                                                                          the reporting period, including—
                                                                                                  (i) the dollar value of recommendations that were
                                                                                               agreed to by management; and
                                                                                                  (ii) the dollar value of recommendations that were
                                                                                               not agreed to by management; and
                                                                                             (D) for which no management decision has been made by
                                                                                          the end of the reporting period;
                                                                                        (10) a summary of each audit report, inspection report, and
                                                                                     evaluation report issued before the commencement of the report-
                                                                                     ing 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 manage-
                                                                                          ment 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 sig-
                                                                                     nificant revised management decision made during the report-
                                                                                     ing period;
                                                                                        (12) information concerning any significant management de-
                                                                                     cision with which the Inspector General is in disagreement;
                                                                                        (13) the information described under section 804(b) of the
                                                                                     Federal Financial Management Improvement Act of 1996 (Pub-
                                                                                     lic Law 104–208, § 101(f) [title VIII], 31 U.S.C. 3512 note);
                                                                                        (14)(A) an appendix containing the results of any peer review
                                                                                     conducted by another Office of Inspector General during the re-
                                                                                     porting period; or
                                                                                        (B) if no peer review was conducted within that reporting pe-
                                                                                     riod, a statement identifying the date of the last peer review
                                                                                     conducted by another Office of Inspector General;
                                                                                        (15) a list of any outstanding recommendations from any peer




dlhill on DSK120RN23PROD with HEARING
                                                                                     review conducted by another Office of Inspector General that




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00049   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              50

                                                                                     have not been fully implemented, including a statement describ-
                                                                                     ing the status of the implementation and why implementation
                                                                                     is not complete;
                                                                                        (16) a list of any peer reviews conducted by the Inspector Gen-
                                                                                     eral of another Office of the Inspector General during the re-
                                                                                     porting period, including a list of any outstanding rec-
                                                                                     ommendations made from any previous peer review (including
                                                                                     any peer review conducted before the reporting period) that re-
                                                                                     main outstanding or have not been fully implemented;
                                                                                        (17) statistical tables showing—
                                                                                             (A) the total number of investigative reports issued dur-
                                                                                          ing the reporting period;
                                                                                             (B) the total number of persons referred to the Depart-
                                                                                          ment of Justice for criminal prosecution during the report-
                                                                                          ing period;
                                                                                             (C) the total number of persons referred to State and
                                                                                          local prosecuting authorities for criminal prosecution dur-
                                                                                          ing the reporting period; and
                                                                                             (D) the total number of indictments and criminal infor-
                                                                                          mations 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 in-
                                                                                     volving a senior Government employee where allegations of mis-
                                                                                     conduct 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 im-
                                                                                     posed to hold the official described in subparagraph (A) ac-
                                                                                     countable;
                                                                                        (21) a detailed description of any attempt by the establish-
                                                                                     ment to interfere with the independence of the Office, includ-
                                                                                     ing—
                                                                                             (A) with budget constraints designed to limit the capa-
                                                                                          bilities of the Office; and
                                                                                             (B) incidents where the establishment has resisted or ob-
                                                                                          jected 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;




dlhill on DSK120RN23PROD with HEARING
                                                                                          and




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00050   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              51

                                                                                           (B) investigation conducted by the Office involving a sen-
                                                                                        ior Government employee that is closed and was not dis-
                                                                                        closed to the public.
                                                                                (c) FURNISHING SEMIANNUAL REPORTS TO HEAD OF ESTABLISH-
                                                                              MENT AND CONGRESS.—Semiannual reports of each Inspector Gen-
                                                                              eral shall be furnished to the head of the establishment involved not
                                                                              later than April 30 and October 31 of each year and shall be trans-
                                                                              mitted by the head of the establishment to the appropriate commit-
                                                                              tees or subcommittees of the Congress within 30 days after receipt
                                                                              of the report, together with a report by the head of the establishment
                                                                              containing—
                                                                                     (1) any comments the head of the establishment determines
                                                                                   appropriate;
                                                                                     (2) statistical tables showing the total number of audit re-
                                                                                   ports, 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 com-
                                                                                        mencement 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 re-
                                                                                             covered by management through collection, offset, prop-
                                                                                             erty in lieu of cash, or otherwise; and
                                                                                                (ii) the dollar value of disallowed costs that were
                                                                                             written off by management; and
                                                                                           (D) for which no final action has been taken by the end
                                                                                        of the reporting period;
                                                                                     (3) statistical tables showing the total number of audit re-
                                                                                   ports, 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 com-
                                                                                        mencement 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 ac-
                                                                                             tually completed; and
                                                                                                (ii) the dollar value of recommendations that man-
                                                                                             agement has subsequently concluded should not or
                                                                                             could not be implemented or completed; and
                                                                                           (D) for which no final action has been taken by the end
                                                                                        of the reporting period;
                                                                                     (4) whether the establishment entered into a settlement agree-
                                                                                   ment with the official described in subsection (b)(20)(A), which
                                                                                   shall be reported regardless of any confidentiality agreement re-
                                                                                   lating to the settlement agreement; and
                                                                                     (5) a statement with respect to audit reports on which man-
                                                                                   agement decisions have been made but final action has not been
                                                                                   taken, other than audit reports on which a management deci-




dlhill on DSK120RN23PROD with HEARING
                                                                                   sion was made within the preceding year, containing—




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00051   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              52

                                                                                           (A) a list of such audit reports and the date each such
                                                                                        report was issued;
                                                                                           (B) the dollar value of disallowed costs for each report;
                                                                                           (C) the dollar value of recommendations that funds be
                                                                                        put to better use agreed to by management for each report;
                                                                                        and
                                                                                           (D) an explanation of the reasons final action has not
                                                                                        been taken with respect to each audit report;
                                                                              except that the statement may exclude any audit reports that are
                                                                              under formal administrative or judicial appeal or upon which man-
                                                                              agement of an establishment has agreed to pursue a legislative solu-
                                                                              tion, but the statement shall identify the number of reports in each
                                                                              category so excluded.
                                                                                 (d) REPORTS AVAILABLE TO PUBLIC.—Within 60 days of the trans-
                                                                              mission of the semiannual reports of each Inspector General to Con-
                                                                              gress, the head of each establishment shall make copies of the report
                                                                              available to the public upon request and at a reasonable cost. With-
                                                                              in 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 defi-
                                                                              ciencies 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 pro-
                                                                                        tected from disclosure in the interest of national defense or
                                                                                        national security or in the conduct of foreign affairs; or
                                                                                           (C) a part of an ongoing criminal investigation.
                                                                                      (2) CRIMINAL INVESTIGATION INFORMATION IN PUBLIC
                                                                                    RECORDS.—Notwithstanding paragraph (1)(C), any report
                                                                                    under this section may be disclosed to the public in a form
                                                                                    which includes information with respect to a part of an ongoing
                                                                                    criminal investigation if such information has been included in
                                                                                    a public record.
                                                                                      (3) NO AUTHORIZATION TO WITHHOLD INFORMATION FROM
                                                                                    CONGRESS.—Except to the extent and in the manner provided
                                                                                    under section 6103(f) of the Internal Revenue Code of 1986 (26
                                                                                    U.S.C. 6103(f)), nothing in this section or in any other provision
                                                                                    of this chapter shall be construed to authorize or permit the
                                                                                    withholding of information from Congress, or from any com-
                                                                                    mittee or subcommittee of Congress.
                                                                                      (4) PROVISION OF INFORMATION TO MEMBERS OF CONGRESS.—




dlhill on DSK120RN23PROD with HEARING
                                                                                    Subject to any other provision of law that would otherwise pro-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00052   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              53

                                                                                     hibit 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 identi-
                                                                                     fiable information of a whistleblower under this section unless
                                                                                     the Office first obtains the consent of the whistleblower.
                                                                              § 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 provi-
                                                                              sions of this chapter, is authorized—
                                                                                      (1)(A) to have timely access to all records, reports, audits, re-
                                                                                   views, 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 Fed-
                                                                                   eral 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 ad-
                                                                                   ministration 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 nec-
                                                                                   essary for carrying out the duties and responsibilities provided
                                                                                   by this chapter from any Federal, State, or local governmental
                                                                                   agency or unit thereof;
                                                                                      (4) to require by subpoena the production of all information,
                                                                                   documents, reports, answers, records, accounts, papers, and
                                                                                   other data in any medium (including electronically stored infor-
                                                                                   mation), as well as any tangible thing and documentary evi-
                                                                                   dence necessary in the performance of the functions assigned by
                                                                                   this chapter, which subpoena, in the case of contumacy or re-
                                                                                   fusal to obey, shall be enforceable by order of any appropriate
                                                                                   United States district court, but procedures other than sub-
                                                                                   poenas shall be used by the Inspector General to obtain docu-
                                                                                   ments and information from Federal agencies;
                                                                                      (5) to administer to or take from any person an oath, affirma-
                                                                                   tion, 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 estab-




dlhill on DSK120RN23PROD with HEARING
                                                                                   lishment involved when necessary for any purpose pertaining to




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00053   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              54

                                                                                   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, gov-
                                                                                   erning appointments in the competitive service, and the provi-
                                                                                   sions 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 provi-
                                                                                   sions of this chapter.
                                                                                (b) PUBLIC DISCLOSURE OTHERWISE PROHIBITED BY LAW.—Noth-
                                                                              ing 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 as-
                                                                                   sistance requested under subsection (a)(1) or (a)(3) is, in the
                                                                                   judgment of an Inspector General, unreasonably refused or not
                                                                                   provided, the Inspector General shall report the circumstances
                                                                                   to the head of the establishment involved without delay.
                                                                                (d) OFFICE SPACE AND SUPPLIES.—Each head of an establishment
                                                                              shall provide the Office within the establishment with appropriate
                                                                              and adequate office space at central and field office locations of the
                                                                              establishment, together with such equipment, office supplies, and
                                                                              communications facilities and services as may be necessary for the
                                                                              operation of the offices, and shall provide necessary maintenance
                                                                              services for the offices and the equipment and facilities provided.
                                                                                (e) APPLYING CERTAIN PROVISIONS.—
                                                                                      (1) EACH OFFICE CONSIDERED SEPARATE AGENCY.—
                                                                                            (A) For purposes of applying the provisions of law identi-
                                                                                         fied in subparagraph (B)—
                                                                                                (i) each Office of Inspector General shall be consid-
                                                                                              ered 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:




dlhill on DSK120RN23PROD with HEARING
                                                                                                (i) Subchapter II of chapter 35.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00054   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              55

                                                                                                    (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 Man-
                                                                                                agement), subject to paragraph (2).
                                                                                         (2) APPLYING SECTION 4507(B).—For purposes of applying sec-
                                                                                      tion 4507(b) of this title, paragraph (1)(A)(ii) shall be applied
                                                                                      by substituting ‘‘the Council of the Inspectors General on Integ-
                                                                                      rity and Efficiency (established by section 424 of this title)
                                                                                      shall’’ for ‘‘the Inspector General who is the head of an office re-
                                                                                      ferred to in clause (i) shall, with respect to that office,’’.
                                                                                   (f) ADDITIONAL AUTHORITY.—
                                                                                         (1) IN GENERAL.—In addition to the authority otherwise pro-
                                                                                      vided by this chapter, each Inspector General, any Assistant In-
                                                                                      spector General for Investigations under such an Inspector Gen-
                                                                                      eral, and any special agent supervised by such an Assistant In-
                                                                                      spector 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 ex-
                                                                                           pressly 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, Assist-
                                                                                           ant 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 signifi-
                                                                                           cantly hampered in the performance of responsibilities es-
                                                                                           tablished by this chapter as a result of the lack of such
                                                                                           powers;
                                                                                              (B) available assistance from other law enforcement
                                                                                           agencies is insufficient to meet the need for such powers;
                                                                                           and
                                                                                              (C) adequate internal safeguards and management proce-
                                                                                           dures exist to ensure proper exercise of such powers.
                                                                                         (3) EXEMPTIONS FROM REQUIREMENT OF INITIAL DETERMINA-
                                                                                      TION OF ELIGIBILITY.—The Inspector General offices of the De-
                                                                                      partment of Commerce, Department of Education, Department
                                                                                      of Energy, Department of Health and Human Services, Depart-
                                                                                      ment 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




dlhill on DSK120RN23PROD with HEARING
                                                                                      Veterans’ Affairs, Agency for International Development, Envi-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00055   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              56

                                                                                     ronmental Protection Agency, Federal Deposit Insurance Cor-
                                                                                     poration, Federal Emergency Management Agency, General
                                                                                     Services Administration, National Aeronautics and Space Ad-
                                                                                     ministration, Nuclear Regulatory Commission, Office of Per-
                                                                                     sonnel Management, Railroad Retirement Board, Small Busi-
                                                                                     ness 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 ex-
                                                                                     ercise of the law enforcement powers established under para-
                                                                                     graph (1).
                                                                                       (5) RESCINDING OR SUSPENDING POWERS.—
                                                                                            (A) POWERS AUTHORIZED FOR AN OFFICE OF INSPECTOR
                                                                                          GENERAL.—Powers authorized for an Office of Inspector
                                                                                          General under paragraph (1) may be rescinded or sus-
                                                                                          pended 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 INDI-
                                                                                          VIDUAL.—Powers authorized to be exercised by any indi-
                                                                                          vidual 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 Gen-
                                                                                     eral under paragraph (2) or (5) shall not be reviewable in or by
                                                                                     any court.
                                                                                       (7) MEMORANDUM OF UNDERSTANDING.—To ensure the proper
                                                                                     exercise of the law enforcement powers authorized by this sub-
                                                                                     section, the Offices of Inspector General described under para-
                                                                                     graph (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 re-
                                                                                     ceives an authorization under paragraph (2). The review proc-
                                                                                     ess shall be established in consultation with the Attorney Gen-
                                                                                     eral, who shall be provided with a copy of the memorandum of
                                                                                     understanding that establishes the review process. Under the re-
                                                                                     view process, the exercise of the law enforcement powers by each
                                                                                     Office of Inspector General shall be reviewed periodically by an-
                                                                                     other 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 POW-
                                                                                     ERS.—No provision of this subsection shall limit the exercise of




dlhill on DSK120RN23PROD with HEARING
                                                                                     law enforcement powers established under any other statutory




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00056   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              57

                                                                                     authority, including United States Marshals Service special
                                                                                     deputation.
                                                                                        (9) DEFINITION OF INSPECTOR GENERAL.—In this subsection,
                                                                                     the term ‘‘Inspector General’’ means an Inspector General ap-
                                                                                     pointed 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 FED-
                                                                                     ERAL ENTITY.—For each fiscal year, an Inspector General shall
                                                                                     transmit a budget estimate and request to the head of the estab-
                                                                                     lishment or designated Federal entity to which the Inspector
                                                                                     General reports. The budget request shall specify the aggregate
                                                                                     amount of funds requested for such fiscal year for the oper-
                                                                                     ations 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 jus-
                                                                                     tified in the budget request.
                                                                                        (2) HEAD OF ESTABLISHMENT OR DESIGNATED FEDERAL ENTI-
                                                                                     TY’S PROPOSED BUDGET TRANSMITTED TO PRESIDENT.—In trans-
                                                                                     mitting a proposed budget to the President for approval, the
                                                                                     head of each establishment or designated Federal entity shall
                                                                                     include—
                                                                                             (A) an aggregate request for the Inspector General;
                                                                                             (B) amounts for Inspector General training;
                                                                                             (C) amounts for support of the Council of the Inspectors
                                                                                          General on Integrity and Efficiency; and
                                                                                             (D) any comments of the affected Inspector General with
                                                                                          respect to the proposal.
                                                                                        (3) PRESIDENT’S BUDGET SUBMITTED TO CONGRESS.—The
                                                                                     President shall include in each budget of the United States
                                                                                     Government submitted to Congress—
                                                                                             (A) a separate statement of the budget estimate prepared
                                                                                          in accordance with paragraph (1);
                                                                                             (B) the amount requested by the President for each In-
                                                                                          spector 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 Effi-
                                                                                          ciency; and
                                                                                             (E) any comments of the affected Inspector General with
                                                                                          respect to the proposal if the Inspector General concludes
                                                                                          that the budget submitted by the President would substan-
                                                                                          tially inhibit the Inspector General from performing the du-
                                                                                          ties 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




dlhill on DSK120RN23PROD with HEARING
                                                                                     head of the establishment for Federal grand jury materials pur-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00057   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              58

                                                                                   suant to subsection (a)(1), the head of the establishment shall
                                                                                   immediately notify the Attorney General of such request.
                                                                                      (2) DETERMINATION BY ATTORNEY GENERAL.—Not later than
                                                                                   15 days after the date on which a request is submitted to the
                                                                                   Attorney General under paragraph (1), the Attorney General
                                                                                   shall determine whether to grant or deny the request for Fed-
                                                                                   eral 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 de-
                                                                                   termines that granting access to the Federal grand jury mate-
                                                                                   rials 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 eco-
                                                                                        nomic interests of the United States.
                                                                                      (3) COMMENTS.—
                                                                                           (A) REQUIREMENT TO INFORM INSPECTOR GENERAL OF DE-
                                                                                        TERMINATION BY ATTORNEY GENERAL.—The head of the es-
                                                                                        tablishment shall inform the Inspector General of the estab-
                                                                                        lishment of the determination made by the Attorney Gen-
                                                                                        eral with respect to the request for Federal grand jury ma-
                                                                                        terials.
                                                                                           (B) SUBMISSION OF COMMENTS BY INSPECTOR GENERAL.—
                                                                                        The Inspector General of the establishment described under
                                                                                        subparagraph (A) may submit comments on the determina-
                                                                                        tion submitted pursuant to such subparagraph to the com-
                                                                                        mittees listed under paragraph (4) that the Inspector Gen-
                                                                                        eral considers appropriate.
                                                                                      (4) STATEMENT OF ATTORNEY GENERAL REGARDING DENIAL OF
                                                                                   REQUEST.—Not later than 30 days after notifying the head of an
                                                                                   establishment of a denial pursuant to paragraph (2), the Attor-
                                                                                   ney General shall submit a statement that the request for Fed-
                                                                                   eral 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 Govern-
                                                                                        mental Affairs, the Committee on the Judiciary, and the
                                                                                        Select Committee on Intelligence of the Senate.
                                                                                           ‘‘(B) The Committee on Oversight and Reform, the Com-
                                                                                        mittee on the Judiciary, and the Permanent Select Com-
                                                                                        mittee on Intelligence of the House of Representatives.
                                                                                           (C) Other appropriate committees and subcommittees of
                                                                                        Congress.
                                                                                (i) NON-APPLICABILITY OF CERTAIN PROVISIONS TO REQUESTS
                                                                              FROM INSPECTOR GENERAL OF DEPARTMENT OF JUSTICE.—Sub-
                                                                              sections (a)(1)(A) and (h) shall not apply to requests from the In-
                                                                              spector 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




dlhill on DSK120RN23PROD with HEARING
                                                                                   meanings given those terms in section 552a(a) of title 5.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00058   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              59

                                                                                      (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 computer-
                                                                                   ized comparison of a Federal system of records with other
                                                                                   records or non-Federal records, performed by an Inspector Gen-
                                                                                   eral 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 consid-
                                                                                   ered a matching program.
                                                                                     (3) LIMITATION.—Nothing in this subsection shall be con-
                                                                                   strued to impede the exercise by an Inspector General of any
                                                                                   matching program authority established under any other provi-
                                                                                   sion of law.
                                                                                 (k) NON-APPLICABILITY OF FEDERAL INFORMATION POLICY.— Sub-
                                                                              chapter I of chapter 35 of title 44 shall not apply to the collection
                                                                              of information during the conduct of an audit, investigation, inspec-
                                                                              tion, evaluation, or other review conducted by the Council of the In-
                                                                              spectors General on Integrity and Efficiency or any Office of Inspec-
                                                                              tor General, including any Office of Special Inspector General.
                                                                              § 407. Complaints by employees
                                                                                 (a) RECEIPT AND INVESTIGATION.—The Inspector General may re-
                                                                              ceive 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 mismanage-
                                                                              ment, gross waste of funds, abuse of authority, or a substantial and
                                                                              specific danger to the public health and safety.
                                                                                 (b) PROHIBITION ON DISCLOSURE OF IDENTITY.—The Inspector
                                                                              General shall not, after receipt of a complaint or information from
                                                                              an employee, disclose the identity of the employee without the con-
                                                                              sent 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.
                                                                              § 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 Depart-
                                                                              ment of Defense.
                                                                                 (b) AUTHORITY OF SECRETARY OF DEFENSE.—
                                                                                      (1) IN GENERAL.—Notwithstanding the last two sentences of
                                                                                   section 403(a) of this title, the Inspector General shall be under
                                                                                   the authority, direction, and control of the Secretary of Defense
                                                                                   with respect to audits or investigations, or the issuance of sub-
                                                                                   poenas, which require access to information concerning—
                                                                                           (A) sensitive operational plans;




dlhill on DSK120RN23PROD with HEARING
                                                                                           (B) intelligence matters;




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00059   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              60

                                                                                           (C) counterintelligence matters;
                                                                                           (D) ongoing criminal investigations by other administra-
                                                                                        tive 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 Sec-
                                                                                   retary of Defense may prohibit the Inspector General from initi-
                                                                                   ating, 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 Sec-
                                                                                   retary determines that such prohibition is necessary to preserve
                                                                                   the national security interests of the United States.
                                                                                      (3) STATEMENT CONCERNING EXERCISE OF POWER.—If the Sec-
                                                                                   retary 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 commit-
                                                                                   tees 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 congres-
                                                                                   sional committees specified in paragraph (3) and to other ap-
                                                                                   propriate committees or subcommittees.
                                                                                (c) ADDITIONAL DUTIES AND RESPONSIBILITIES.—In addition to
                                                                              the other duties and responsibilities specified in this chapter, the In-
                                                                              spector 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 investiga-
                                                                                   tions in the Department of Defense (including the military de-
                                                                                   partments) as the Inspector General considers appropriate;
                                                                                      (3) provide policy direction for audits and investigations re-
                                                                                   lating to fraud, waste, and abuse and program effectiveness;
                                                                                      (4) investigate fraud, waste, and abuse uncovered as a result
                                                                                   of other contract and internal audits, as the Inspector General
                                                                                   considers appropriate;
                                                                                      (5) develop policy, monitor and evaluate program perform-
                                                                                   ance, and provide guidance with respect to all Department ac-
                                                                                   tivities relating to criminal investigation programs;
                                                                                      (6) monitor and evaluate the adherence of Department audi-
                                                                                   tors to internal audit, contract audit, and internal review prin-
                                                                                   ciples, policies, and procedures;
                                                                                      (7) develop policy, evaluate program performance, and mon-
                                                                                   itor actions taken by all components of the Department in re-




dlhill on DSK120RN23PROD with HEARING
                                                                                   sponse to contract audits, internal audits, internal review re-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00060   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              61

                                                                                   ports, 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 depart-
                                                                                   ments with a view toward avoiding duplication and ensuring
                                                                                   effective coordination and cooperation; and
                                                                                      (10) conduct, or approve arrangements for the conduct of, ex-
                                                                                   ternal peer reviews of Department of Defense audit agencies in
                                                                                   accordance with, and in such frequency as provided by, Govern-
                                                                                   ment auditing standards as established by the Comptroller
                                                                                   General of the United States.
                                                                                (d) REPORTING VIOLATIONS OF CHAPTER 47 OF TITLE 10.— Not-
                                                                              withstanding section 404(d) of this title, the Inspector General of the
                                                                              Department of Defense shall expeditiously report suspected or al-
                                                                              leged 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 De-
                                                                              fense, except that, when the Coast Guard operates as a service of an-
                                                                              other department or agency of the Federal Government, a member
                                                                              of the Coast Guard shall be deemed to be an employee of that de-
                                                                              partment or agency.
                                                                                (f) REPORTS.—
                                                                                      (1) REPORTS TRANSMITTED TO CONGRESSIONAL COMMIT-
                                                                                   TEES.—Each semiannual report prepared by the Inspector Gen-
                                                                                   eral 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 sub-
                                                                                   committees of Congress. Each report shall include—
                                                                                           (A) information concerning the numbers and types of con-
                                                                                        tract audits conducted by the Department during the re-
                                                                                        porting 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 con-
                                                                                        ducted in accordance with subsection (c)(10).
                                                                                   (2) ADDITIONAL REPORTS TRANSMITTED TO CONGRESSIONAL
                                                                                   COMMITTEES.—Any report required to be transmitted by the
                                                                                   Secretary of Defense to the appropriate committees or sub-
                                                                                   committees 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 speci-
                                                                                   fied in paragraph (1).
                                                                                (g) NON-APPLICABILITY OF SECTION 1385 OF TITLE 18.—The pro-
                                                                              visions of section 1385 of title 18, shall not apply to audits and in-




dlhill on DSK120RN23PROD with HEARING
                                                                              vestigations conducted by, under the direction of, or at the request




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00061   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              62

                                                                              of the Inspector General of the Department of Defense to carry out
                                                                              the purposes of this chapter.
                                                                                (h) GENERAL COUNSEL TO INSPECTOR GENERAL OF DEPARTMENT
                                                                              OF DEFENSE.—
                                                                                     (1) IN GENERAL.—There is a General Counsel to the Inspector
                                                                                   General of the Department of Defense, who shall be appointed
                                                                                   by the Inspector General of the Department of Defense.
                                                                                     (2) DUTIES AND FUNCTIONS.—
                                                                                          (A) Notwithstanding section 140(b) of title 10, the Gen-
                                                                                        eral Counsel is the chief legal officer of the Office of the In-
                                                                                        spector 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 WIT-
                                                                              NESSES.—
                                                                                     (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, ex-
                                                                                   cept that the Inspector General shall use procedures other than
                                                                                   subpoenas to obtain attendance and testimony from Federal em-
                                                                                   ployees.
                                                                                     (2) ENFORCEMENT.—A subpoena issued under this subsection,
                                                                                   in the case of contumacy or refusal to obey, shall be enforceable
                                                                                   by order of any appropriate United States district court.
                                                                                     (3) NOTIFICATION.—The Inspector General shall notify the At-
                                                                                   torney General 7 days before issuing any subpoena under this
                                                                                   section.
                                                                              § 409. Special Provisions Concerning the Agency for Inter-
                                                                                         national Development
                                                                                 (a) DEFINITION OF AGENCY FOR INTERNATIONAL DEVELOPMENT.—
                                                                              As used in this chapter, the term ‘‘Agency for International Develop-
                                                                              ment’’ includes any successor agency primarily responsible for ad-
                                                                              ministering part I of the Foreign Assistance Act of 1961 (22 U.S.C.
                                                                              2151 et seq.).
                                                                                 (b) MEMBERS OF FOREIGN SERVICE.—In addition to the officers
                                                                              and employees provided for in section 406(a)(7) of this title, mem-
                                                                              bers of the Foreign Service may, at the request of the Inspector Gen-
                                                                              eral 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 pre-
                                                                              pare the performance evaluation reports for the members assigned




dlhill on DSK120RN23PROD with HEARING
                                                                              as employees of the Inspector General.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00062   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              63

                                                                                (c) FIELD OFFICES.—In establishing and staffing field offices pur-
                                                                              suant to section 406(d) of this title, the Administrator of the Agency
                                                                              for International Development shall not be bound by overseas per-
                                                                              sonnel 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)).
                                                                              § 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 sec-
                                                                              tion 406(a) of this title, the Inspector General of the Nuclear Regu-
                                                                              latory 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 consult-
                                                                              ants or an organization of experts or consultants, subject to the ap-
                                                                              plicable laws and regulations that govern such selections, appoint-
                                                                              ments, and employment, and the obtaining of such services, within
                                                                              the Nuclear Regulatory Commission.
                                                                              § 411. Special Provisions Concerning the Federal Deposit In-
                                                                                         surance Corporation
                                                                                 (a) DELEGATION.—The Chairperson of the Federal Deposit Insur-
                                                                              ance Corporation may delegate the authority specified in the 2d sen-
                                                                              tence 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 sec-
                                                                              tion 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 ob-
                                                                              tain the temporary or intermittent services of experts or consultants
                                                                              or an organization of experts or consultants, subject to the applica-
                                                                              ble laws and regulations that govern such selections, appointments,
                                                                              and employment, and the obtaining of such services, within the Fed-
                                                                              eral Deposit Insurance Corporation.
                                                                              § 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




dlhill on DSK120RN23PROD with HEARING
                                                                                   with respect to audits or investigations, or the issuance of sub-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00063   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              64

                                                                                     poenas, which require access to sensitive information con-
                                                                                     cerning—
                                                                                             (A) ongoing criminal investigations or proceedings;
                                                                                             (B) undercover operations;
                                                                                             (C) the identity of confidential sources, including pro-
                                                                                          tected witnesses;
                                                                                             (D) deliberations and decisions on policy matters, includ-
                                                                                          ing 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 CAR-
                                                                                     RYING OUT OR COMPLETING CERTAIN AUDITS AND INVESTIGA-
                                                                                     TIONS.—With respect to the information described under para-
                                                                                     graph (1), the Secretary of the Treasury may prohibit the In-
                                                                                     spector General of the Department of the Treasury from car-
                                                                                     rying out or completing any audit or investigation, from access-
                                                                                     ing 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 deter-
                                                                                     mines that such prohibition is necessary to prevent the disclo-
                                                                                     sure of any information described under paragraph (1) or to
                                                                                     prevent significant impairment to the national interests of the
                                                                                     United States.
                                                                                        (3) NOTIFICATION AND STATEMENT OF REASONS FOR EXERCISE
                                                                                     OF POWER.—If the Secretary of the Treasury exercises any power
                                                                                     under paragraph (1) or (2), the Secretary of the Treasury shall
                                                                                     notify the Inspector General of the Department of the Treasury
                                                                                     in writing, stating the reasons for such exercise. Within 30 days
                                                                                     after receipt of any such notice, the Inspector General of the De-
                                                                                     partment of the Treasury shall transmit a copy of such notice
                                                                                     to the Committee on Homeland Security and Governmental Af-
                                                                                     fairs and the Committee on Finance of the Senate and the Com-
                                                                                     mittee on Oversight and Reform and the Committee on Ways
                                                                                     and Means of the House of Representatives, and to other appro-
                                                                                     priate committees or subcommittees of the Congress.
                                                                                        (4) EXCEPTION RELATING TO TREASURY INSPECTOR GENERAL
                                                                                     FOR TAX ADMINISTRATION.—The Secretary of the Treasury may
                                                                                     not exercise any power under paragraph (1) or (2) with respect
                                                                                     to the Treasury Inspector General for Tax Administration.
                                                                                   (b) OVERSIGHT RESPONSIBILITY FOR INTERNAL INVESTIGATIONS.—
                                                                                        (1) IN GENERAL.—In carrying out the duties and responsibil-
                                                                                     ities specified in this chapter, the Inspector General of the De-
                                                                                     partment 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




dlhill on DSK120RN23PROD with HEARING
                                                                                     shall promptly report to the Inspector General of the Depart-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00064   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              65

                                                                                    ment of the Treasury the significant activities being carried out
                                                                                    by such office.
                                                                                       (2) EXERCISE OF DUTIES AND RESPONSIBILITIES.—The Inspec-
                                                                                    tor General of the Department of the Treasury shall exercise all
                                                                                    duties and responsibilities of an Inspector General for the De-
                                                                                    partment of the Treasury other than the duties and responsibil-
                                                                                    ities exercised by the Treasury Inspector General for Tax Ad-
                                                                                    ministration.
                                                                                       (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 In-
                                                                                    spector General for Tax Administration will—
                                                                                            (A) determine how audits and investigations are allo-
                                                                                         cated 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 Depart-
                                                                              ment of the Treasury may initiate, conduct and supervise such au-
                                                                              dits and investigations in the Department of the Treasury (includ-
                                                                              ing 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 Treas-
                                                                              ury initiates an audit or investigation under subsection (c) con-
                                                                              cerning the bureau referred to in subsection (b), the Inspector Gen-
                                                                              eral 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 Inter-
                                                                                    nal Revenue Service shall maintain the same system of stand-
                                                                                    ardized records or accountings of all requests from the Treasury
                                                                                    Inspector General for Tax Administration for inspection or dis-
                                                                                    closure of returns and return information (including the rea-
                                                                                    sons 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 stand-
                                                                                    ardized records or accountings shall also be available for exam-




dlhill on DSK120RN23PROD with HEARING
                                                                                    ination in the same manner as provided under section




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00065   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              66

                                                                                    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 in-
                                                                                    formation as are described under section 6103(p)(4) of the Inter-
                                                                                    nal 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 De-
                                                                              partment 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, with-
                                                                                    in the 7-day period specified under such section, to the Com-
                                                                                    mittee 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 Treas-
                                                                                    ury to the appropriate committees or subcommittees of Congress
                                                                                    under section 405(e) of this title shall also be transmitted, with-
                                                                                    in the 7-day period specified under such subsection, to the Inter-
                                                                                    nal Revenue Service Oversight Board and the Commissioner of
                                                                                    Internal Revenue.
                                                                                 (h) DUTIES AND RESPONSIBILITIES OF TREASURY INSPECTOR GEN-
                                                                              ERAL 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 De-
                                                                              partment of the Treasury and the Secretary of the Treasury on all
                                                                              matters relating to the Internal Revenue Service. The Treasury In-
                                                                              spector General for Tax Administration shall have sole authority
                                                                              under this chapter to conduct an audit or investigation of the Inter-
                                                                              nal Revenue Service Oversight Board and the Chief Counsel for the
                                                                              Internal Revenue Service.
                                                                                 (i) ABILITY TO LEAD LARGE AND COMPLEX ORGANIZATION.—In ad-
                                                                              dition to the requirements of the 1st sentence of section 403(a) of this
                                                                              title, the Treasury Inspector General for Tax Administration should
                                                                              have demonstrated ability to lead a large and complex organization.
                                                                                 (j) PROHIBITION ON APPOINTMENT OF EMPLOYEE OF INTERNAL
                                                                              REVENUE SERVICE TO CERTAIN POSITIONS.—An individual ap-
                                                                              pointed to the position of Treasury Inspector General for Tax Ad-
                                                                              ministration, the Assistant Inspector General for Auditing of the Of-
                                                                              fice 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




dlhill on DSK120RN23PROD with HEARING
                                                                              for Investigations of the Office of the Treasury Inspector General for




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00066   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              67

                                                                              Tax Administration under section 403(d)(1)(B)(ii) of this title (or, ef-
                                                                              fective November 27, 2017, section 403(d)(2)(B)(ii) of this title), or
                                                                              any position of Deputy Inspector General of the Office of the Treas-
                                                                              ury Inspector General for Tax Administration may not be an em-
                                                                              ployee of the Internal Revenue Service—
                                                                                       (1) during the 2-year period preceding the date of appoint-
                                                                                    ment to such position; or
                                                                                       (2) during the 5-year period following the date such indi-
                                                                                    vidual ends service in such position.
                                                                                 (k) ADDITIONAL DUTIES AND RESPONSIBILITIES.—
                                                                                       (1) IN GENERAL.—In addition to the duties and responsibil-
                                                                                    ities 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 Rev-
                                                                                         enue Service against external attempts to corrupt or threat-
                                                                                         en 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 en-
                                                                                         force such laws and perform such functions referred to
                                                                                         under subparagraphs (A), (B), and (C).
                                                                                       (2) REPORTING VIOLATIONS.—
                                                                                            (A) REPORTING REASONABLE GROUNDS TO BELIEVE A VIO-
                                                                                         LATION OF FEDERAL CRIMINAL LAW OCCURRED.—In per-
                                                                                         forming 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 Treas-
                                                                                         ury Inspector General for Tax Administration, notwith-
                                                                                         standing section 404(d) of this title.
                                                                                            (B) REPORTING PROBLEMS, ABUSES, OR DEFICIENCIES.—In
                                                                                         the administration of section 405(e) of this title and sub-
                                                                                         section (g)(2) of this section, the Secretary of the Treasury
                                                                                         may transmit the required report with respect to the Treas-
                                                                                         ury Inspector General for Tax Administration at an appro-
                                                                                         priate time as determined by the Secretary, if the problem,
                                                                                         abuse, or deficiency relates to—
                                                                                                 (i) the performance of a law enforcement function
                                                                                              under paragraph (1); and
                                                                                                 (ii) sensitive information concerning matters under
                                                                                              subsection (a)(1)(A) through (F).
                                                                                       (3) LIMITATION.—Nothing in this subsection shall be con-
                                                                                    strued 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 INTER-




dlhill on DSK120RN23PROD with HEARING
                                                                              NAL REVENUE SERVICE.—




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00067   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              68

                                                                                        (1) IN GENERAL.—The Commissioner of Internal Revenue or
                                                                                     the Internal Revenue Service Oversight Board may request, in
                                                                                     writing, the Treasury Inspector General for Tax Administration
                                                                                     to conduct an audit or investigation relating to the Internal
                                                                                     Revenue Service. If the Treasury Inspector General for Tax Ad-
                                                                                     ministration determines not to conduct such audit or investiga-
                                                                                     tion, the Inspector General shall timely provide a written expla-
                                                                                     nation for such determination to the person making the request.
                                                                                        (2) REPORTS.—
                                                                                             (A) FINAL REPORT OF AUDIT.—Any final report of an
                                                                                          audit conducted by the Treasury Inspector General for Tax
                                                                                          Administration shall be timely submitted by the Inspector
                                                                                          General to the Commissioner of Internal Revenue and the
                                                                                          Internal Revenue Service Oversight Board.
                                                                                             (B) PERIODIC LIST OF INVESTIGATIONS FOR WHICH FINAL
                                                                                          REPORT COMPLETED.—The Treasury Inspector General for
                                                                                          Tax Administration shall periodically submit to the Com-
                                                                                          missioner 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).
                                                                              § 413. Special Provisions Concerning the Department of Jus-
                                                                                          tice
                                                                                 (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 Attor-
                                                                                   ney General with respect to audits or investigations, or the
                                                                                   issuance of subpoenas, which require access to sensitive infor-
                                                                                   mation concerning—
                                                                                           (A) ongoing civil or criminal investigations or pro-
                                                                                        ceedings;
                                                                                           (B) undercover operations;
                                                                                           (C) the identity of confidential sources, including pro-
                                                                                        tected witnesses;
                                                                                           (D) intelligence or counterintelligence matters; or
                                                                                           (E) other matters the disclosure of which would constitute
                                                                                        a serious threat to national security.
                                                                                      (2) AUTHORITY OF ATTORNEY GENERAL TO PROHIBIT CARRYING
                                                                                   OUT OR COMPLETING CERTAIN AUDITS AND INVESTIGATIONS.—
                                                                                   With respect to the information described under paragraph (1),
                                                                                   the Attorney General may prohibit the Inspector General from
                                                                                   carrying out or completing any audit or investigation, from ac-
                                                                                   cessing information described in paragraph (1), or from issuing
                                                                                   any subpoena, after such Inspector General has decided to ini-
                                                                                   tiate, 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




dlhill on DSK120RN23PROD with HEARING
                                                                                   the disclosure of any information described under paragraph




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00068   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              69

                                                                                    (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 In-
                                                                                    spector General in writing, stating the reasons for such exercise.
                                                                                    Within 30 days after receipt of any such notice, the Inspector
                                                                                    General shall transmit a copy of such notice to the Committee
                                                                                    on Homeland Security and Governmental Affairs and the Com-
                                                                                    mittee 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 commit-
                                                                                    tees or subcommittees of the Congress.
                                                                                 (b) CARRYING OUT DUTIES AND RESPONSIBILITIES.—In carrying
                                                                              out the duties and responsibilities specified in this chapter, the In-
                                                                              spector General of the Department of Justice—
                                                                                       (1) may initiate, conduct and supervise such audits and in-
                                                                                    vestigations in the Department of Justice as the Inspector Gen-
                                                                                    eral considers appropriate;
                                                                                       (2) except as specified in subsection (a) and paragraph (3),
                                                                                    may investigate allegations of criminal wrongdoing or adminis-
                                                                                    trative misconduct by an employee of the Department of Justice,
                                                                                    or may, in the discretion of the Inspector General, refer such al-
                                                                                    legations to the Office of Professional Responsibility or the in-
                                                                                    ternal affairs office of the appropriate component of the Depart-
                                                                                    ment of Justice;
                                                                                       (3) shall refer to the Counsel, Office of Professional Responsi-
                                                                                    bility of the Department of Justice, allegations of misconduct
                                                                                    involving Department attorneys, investigators, or law enforce-
                                                                                    ment 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 ad-
                                                                                    ministrative 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 recommenda-
                                                                                    tion for disciplinary action, to the Attorney General.
                                                                                 (c) REPORTS.—Any report required to be transmitted by the Attor-
                                                                              ney 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 Com-
                                                                              mittee 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 ALLEGA-
                                                                              TIONS TO INSPECTOR GENERAL.—The Attorney General shall ensure
                                                                              by regulation that any component of the Department of Justice re-
                                                                              ceiving a nonfrivolous allegation of criminal wrongdoing or admin-
                                                                              istrative misconduct by an employee of the Department of Justice,
                                                                              except with respect to allegations described in subsection (b)(3),




dlhill on DSK120RN23PROD with HEARING
                                                                              shall report that information to the Inspector General.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00069   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              70

                                                                              § 414. Special Provisions Concerning the Corporation for Na-
                                                                                          tional and Community Service
                                                                                 (a) PERSONNEL.—Notwithstanding the provisions of paragraphs
                                                                              (7) and (8) of section 406(a) of this title, it is within the exclusive
                                                                              jurisdiction of the Inspector General of the Corporation for National
                                                                              and Community Service to—
                                                                                      (1) appoint and determine the compensation of such officers
                                                                                    and employees in accordance with section 195(b) of the National
                                                                                    and Community Service Act of 1990 (42 U.S.C. 12651f(b)); and
                                                                                      (2) procure the temporary and intermittent services of and
                                                                                    compensate such experts and consultants, in accordance with
                                                                                    section 3109(b) of this title,
                                                                              as may be necessary to carry out the functions, powers, and duties
                                                                              of the Inspector General.
                                                                                 (b) REPORTS TO BOARD OF DIRECTORS.—Not later than the date
                                                                              on which the Chief Executive Officer of the Corporation for National
                                                                              and Community Service transmits any report to the Congress under
                                                                              subsection (b) or (c) of section 405 of this title, the Chief Executive
                                                                              Officer shall transmit such report to the Board of Directors of such
                                                                              Corporation.
                                                                                 (c) REVIEW OF AUDIT REPORTS BY BOARD OF DIRECTORS.—Not
                                                                              later than the date on which the Chief Executive Officer of the Cor-
                                                                              poration 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 Direc-
                                                                              tors. 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 Gen-
                                                                              eral 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.
                                                                              § 415. Requirements for Federal Entities and Designated Fed-
                                                                                          eral 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 Dis-
                                                                                        abled, the Commodity Futures Trading Commission, the
                                                                                        Consumer Product Safety Commission, the Corporation for
                                                                                        Public Broadcasting, the Defense Intelligence Agency, the
                                                                                        Denali Commission, the Equal Employment Opportunity




dlhill on DSK120RN23PROD with HEARING
                                                                                        Commission, the Farm Credit Administration, the Federal




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00070   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              71

                                                                                          Election Commission, the Election Assistance Commission,
                                                                                          the Federal Labor Relations Authority, the Federal Mari-
                                                                                          time Commission, the Federal Trade Commission, the
                                                                                          Legal Services Corporation, the National Archives and
                                                                                          Records Administration, the National Credit Union Admin-
                                                                                          istration, the National Endowment for the Arts, the Na-
                                                                                          tional Endowment for the Humanities, the National
                                                                                          Geospatial-Intelligence Agency, the National Labor Rela-
                                                                                          tions Board, the National Science Foundation, the Peace
                                                                                          Corps, the Pension Benefit Guaranty Corporation, the Secu-
                                                                                          rities and Exchange Commission, the Smithsonian Institu-
                                                                                          tion, the United States International Development Finance
                                                                                          Corporation, the United States International Trade Com-
                                                                                          mission, the Postal Regulatory Commission, and the United
                                                                                          States Postal Service.
                                                                                             (B) AMTRAK.—Effective at the beginning of the first fiscal
                                                                                          year after a fiscal year for which Amtrak receives no Fed-
                                                                                          eral 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 regu-
                                                                                     latory 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 para-
                                                                                          graph (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 enti-
                                                                                     ty as identified in the list published pursuant to subsection
                                                                                     (h)(1) of this section, except that—
                                                                                             (A) with respect to the National Science Foundation, such
                                                                                          term means the National Science Board;
                                                                                             (B) with respect to the United States Postal Service, such
                                                                                          term means the Governors (within the meaning of section
                                                                                          102(3) of title 39);
                                                                                             (C) with respect to the Federal Labor Relations Authority,
                                                                                          such term means the members of the Authority (described




dlhill on DSK120RN23PROD with HEARING
                                                                                          under section 7104 of this title);




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00071   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              72

                                                                                            (D) with respect to the Committee for Purchase From Peo-
                                                                                         ple 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 Adminis-
                                                                                         tration, such term means the National Credit Union Ad-
                                                                                         ministration Board (described under section 102 of the Fed-
                                                                                         eral 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 Hu-
                                                                                         manities, such term means the National Council on the Hu-
                                                                                         manities;
                                                                                            (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 Devel-
                                                                                         opment 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 stat-
                                                                                    ute as the head of a Federal entity, and if no such designation
                                                                                    exists, the chief policymaking officer or board of a Federal enti-
                                                                                    ty 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 In-
                                                                                    spector General’’ means an Office of Inspector General of a des-
                                                                                    ignated Federal entity.
                                                                                 (b) OFFICE OF INSPECTOR GENERAL IN EACH DESIGNATED FED-
                                                                              ERAL ENTITY.—Not later than 180 days after October 18, 1988, there
                                                                              shall be established and maintained in each designated Federal en-
                                                                              tity an Office of Inspector General. The head of the designated Fed-
                                                                              eral 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 pur-
                                                                              poses 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 accord-
                                                                              ance with the applicable laws and regulations governing appoint-
                                                                              ments 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, au-
                                                                              diting, financial analysis, law, management analysis, public admin-
                                                                              istration, or investigations. For purposes of implementing this sec-
                                                                              tion, the Chairman of the Board of Governors of the Federal Reserve
                                                                              System shall appoint the Inspector General of the Board of Gov-




dlhill on DSK120RN23PROD with HEARING
                                                                              ernors of the Federal Reserve System and the Bureau of Consumer




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00072   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              73

                                                                              Financial Protection. The Inspector General of the Board of Gov-
                                                                              ernors of the Federal Reserve System and the Bureau of Consumer
                                                                              Financial Protection shall have all of the authorities and respon-
                                                                              sibilities provided by this Act with respect to the Bureau of Con-
                                                                              sumer 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 super-
                                                                                   vision by, any other officer or employee of such designated Fed-
                                                                                   eral entity. Except as provided in paragraph (2), the head of the
                                                                                   designated Federal entity shall not prevent or prohibit the In-
                                                                                   spector General from initiating, carrying out, or completing any
                                                                                   audit or investigation, or from issuing any subpoena during the
                                                                                   course of any audit or investigation.
                                                                                      (2) EXCEPTION RELATING TO INTELLIGENCE COMMUNITY.—
                                                                                           (A) IN GENERAL.—The Secretary of Defense, in consulta-
                                                                                        tion with the Director of National Intelligence, may pro-
                                                                                        hibit 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 AUTHOR-
                                                                                        ITY.—If the Secretary exercises the authority under sub-
                                                                                        paragraph (A), the Secretary shall submit to the committees
                                                                                        of Congress specified in subparagraph (E) an appropriately
                                                                                        classified statement of the reasons for the exercise of such
                                                                                        authority not later than 7 days after the exercise of such
                                                                                        authority.
                                                                                           (C) NOTIFICATION TO INSPECTOR GENERAL.—At the same
                                                                                        time the Secretary submits under subparagraph (B) a state-
                                                                                        ment 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 ex-
                                                                                        tent 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 state-
                                                                                        ment received by the inspector general under this subpara-
                                                                                        graph that the inspector general considers appropriate.
                                                                                           (D) ELEMENTS OF THE INTELLIGENCE COMMUNITY.—The
                                                                                        elements of the intelligence community specified in this sub-
                                                                                        paragraph 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 Con-




dlhill on DSK120RN23PROD with HEARING
                                                                                        gress specified in this subparagraph are—




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00073   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              74

                                                                                                   (i) the Committee on Armed Services and the Select
                                                                                                Committee on Intelligence of the Senate; and
                                                                                                   (ii) the Committee on Armed Services and the Perma-
                                                                                                nent 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 des-
                                                                                      ignated Federal entity for which a board, chairman of a com-
                                                                                      mittee, or commission is the head of the designated Federal en-
                                                                                      tity, a removal under this subsection may only be made upon
                                                                                      the written concurrence of a 2⁄3 majority of the board, com-
                                                                                      mittee, or commission.
                                                                                         (2) INSPECTOR GENERAL REMOVED OR TRANSFERRED.—If an
                                                                                      Inspector General is removed from office or is transferred to an-
                                                                                      other 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 per-
                                                                                      sonnel action otherwise authorized by law, other than transfer
                                                                                      or removal.
                                                                                   (f) UNITED STATES POSTAL SERVICE.—
                                                                                         (1) APPOINTMENT.—For purposes of carrying out subsection
                                                                                      (b) with respect to the United States Postal Service, the appoint-
                                                                                      ment 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 In-
                                                                                      spector 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 In-
                                                                                      spection 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 GOV-
                                                                                           ERNORS.—
                                                                                                   (i) ACCESS TO SENSITIVE INFORMATION.—Notwith-
                                                                                                standing subsection (d), the Inspector General shall be
                                                                                                under the authority, direction, and control of the Gov-
                                                                                                ernors 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, includ-
                                                                                                      ing protected witnesses;
                                                                                                         (IV) intelligence or counterintelligence matters;
                                                                                                      or
                                                                                                         (V) other matters the disclosure of which would




dlhill on DSK120RN23PROD with HEARING
                                                                                                      constitute a serious threat to national security.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00074   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              75

                                                                                                    (ii) AUTHORITY TO PROHIBIT INSPECTOR GENERAL
                                                                                                  FROM CARRYING OUT OR COMPLETING AUDIT OR INVES-
                                                                                                  TIGATION.—With respect to the information described
                                                                                               under clause (i), the Governors may prohibit the In-
                                                                                               spector 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 pre-
                                                                                               vent 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 Inspec-
                                                                                               tor General in writing, stating the reasons for such ex-
                                                                                               ercise. Within 30 days after receipt of any such notice,
                                                                                               the Inspector General shall transmit a copy of such no-
                                                                                               tice to the Committee on Homeland Security and Gov-
                                                                                               ernmental 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 re-
                                                                                          sponsibilities specified in this chapter, the Inspector Gen-
                                                                                          eral—
                                                                                                  (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 co-
                                                                                               operation.
                                                                                             (C) REPORTING SERIOUS PROBLEMS, ABUSES, OR DEFI-
                                                                                          CIENCIES.— 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, elimi-
                                                                                     nate, or otherwise adversely affect any of the rights, privileges,
                                                                                     or benefits of either employees of the United States Postal Serv-
                                                                                     ice, 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 em-
                                                                                     ployee 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)




dlhill on DSK120RN23PROD with HEARING
                                                                                     of title 39.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00075   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              76

                                                                                        (6) AUTHORIZATION OF APPROPRIATIONS.—There are author-
                                                                                     ized to be appropriated, out of the Postal Service Fund, such
                                                                                     sums as may be necessary for the Office of Inspector General of
                                                                                     the United States Postal Service.
                                                                                   (g) SPECIAL APPLICATION.—
                                                                                        (1) SECTIONS 404, 405, 406, and 407.—Sections 404, 405, 406
                                                                                     (other than paragraphs (7) and (8) of section 406(a)), and 407
                                                                                     of this title shall apply to each Inspector General and Office of
                                                                                     Inspector General of a designated Federal entity, and such sec-
                                                                                     tions shall be applied to each designated Federal entity and
                                                                                     head of the designated Federal entity (as defined under sub-
                                                                                     section (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, ap-
                                                                                     point, and employ such officers and employees as may be nec-
                                                                                     essary 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 organiza-
                                                                                     tion of experts or consultants, subject to the applicable laws and
                                                                                     regulations that govern such selections, appointments, and em-
                                                                                     ployment, and the obtaining of such services, within the des-
                                                                                     ignated 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 provi-
                                                                                     sions 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 Chair-
                                                                                     man of the Board of Governors of the Federal Reserve System
                                                                                     in the same manner as such provisions apply to the Inspector
                                                                                     General of the Department of the Treasury and the Secretary of
                                                                                     the Treasury, respectively.
                                                                                        (4) COUNSEL.—Each Inspector General shall—
                                                                                             (A) in accordance with applicable laws and regulations
                                                                                          governing appointments within the designated Federal enti-
                                                                                          ty, appoint a Counsel to the Inspector General who shall re-
                                                                                          port to the Inspector General;
                                                                                             (B) obtain the services of a counsel appointed by and di-
                                                                                          rectly reporting to another Inspector General on a reim-
                                                                                          bursable basis; or
                                                                                             (C) obtain the services of appropriate staff of the Council
                                                                                          of the Inspectors General on Integrity and Efficiency on a
                                                                                          reimbursable basis.
                                                                                   (h) ANNUAL LISTING AND REPORT.—
                                                                                        (1) LISTING.—Each year, the Director of the Office of Manage-
                                                                                     ment and Budget, after consultation with the Comptroller Gen-
                                                                                     eral 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 sub-




dlhill on DSK120RN23PROD with HEARING
                                                                                     section (a)).




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00076   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              77

                                                                                       (2) REPORT.—On October 31 of each year, the head of each
                                                                                     Federal entity (as defined under subsection (a)) shall prepare
                                                                                     and transmit to the Director of the Office of Management and
                                                                                     Budget and to each House of the Congress a report that—
                                                                                            (A) states whether there has been established in the Fed-
                                                                                         eral entity an office that meets the requirements of this sec-
                                                                                         tion;
                                                                                            (B) specifies the actions taken by the Federal entity other-
                                                                                         wise 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 find-
                                                                                         ings; and
                                                                                            (C) summarizes any matters relating to the personnel,
                                                                                         programs, and operations of the Federal entity referred to
                                                                                         prosecutive authorities, including a summary description of
                                                                                         any preliminary investigation conducted by or at the re-
                                                                                         quest of the Federal entity concerning these matters, and
                                                                                         the prosecutions and convictions which have resulted.
                                                                              § 416. Additional Provisions With Respect to Inspectors Gen-
                                                                                          eral of the Intelligence Community
                                                                                 (a) DEFINITIONS.—In this section:
                                                                                      (1) INTELLIGENCE COMMITTEES.—The term ‘‘intelligence com-
                                                                                   mittees’’ means the Permanent Select Committee on Intelligence
                                                                                   of the House of Representatives and the Select Committee on In-
                                                                                   telligence 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, ad-
                                                                                        ministration, or operations of an intelligence activity in-
                                                                                        volving classified information, but does not include dif-
                                                                                        ferences of opinions concerning public policy matters.
                                                                                           (B) A false statement to Congress, or a willful with-
                                                                                        holding from Congress, on an issue of material fact relating
                                                                                        to the funding, administration, or operation of an intel-
                                                                                        ligence 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 con-
                                                                                        cern in accordance with this section.
                                                                                 (b) COMPLAINT OR INFORMATION WITH RESPECT TO URGENT CON-
                                                                              CERN.—
                                                                                      (1) TO WHOM REPORTS MAY BE MADE.—
                                                                                           (A) INSPECTOR GENERAL OF DEPARTMENT OF DEFENSE.—
                                                                                        An employee of the Defense Intelligence Agency, the Na-
                                                                                        tional Geospatial-Intelligence Agency, the National Recon-
                                                                                        naissance Office, or the National Security Agency, or of a
                                                                                        contractor of any of those Agencies, who intends to report




dlhill on DSK120RN23PROD with HEARING
                                                                                        to Congress a complaint or information with respect to an




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00077   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              78

                                                                                           urgent concern may report the complaint or information to
                                                                                           the Inspector General of the Department of Defense (or des-
                                                                                           ignee).
                                                                                              (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 intel-
                                                                                           ligence community, or an employee of a contractor to the in-
                                                                                           telligence 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 Con-
                                                                                           gress a complaint or information with respect to an urgent
                                                                                           concern may report the complaint or information to the In-
                                                                                           spector General of the Department of Justice (or designee).
                                                                                              (D) OTHER APPROPRIATE INSPECTOR GENERAL.—Any other
                                                                                           employee of, or contractor to, an executive agency, or ele-
                                                                                           ment 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 counterintel-
                                                                                           ligence activities, who intends to report to Congress a com-
                                                                                           plaint 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 IN-
                                                                                      SPECTOR GENERAL WITHIN 7 DAYS.—If a designee of an Inspec-
                                                                                      tor General under this section receives a complaint or informa-
                                                                                      tion of an employee with respect to an urgent concern, that des-
                                                                                      ignee 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 Na-
                                                                                      tional Reconnaissance Office, and the National Security Agency
                                                                                      shall be designees of the Inspector General of the Department
                                                                                      of Defense for purposes of this section.
                                                                                   (c) INITIAL DETERMINATIONS AND TRANSMITTALS.—
                                                                                         (1) CREDIBILITY.—Not later than the end of the 14-calendar
                                                                                      day period beginning on the date of receipt of an employee com-
                                                                                      plaint or information under subsection (b), the Inspector Gen-
                                                                                      eral shall determine whether the complaint or information ap-
                                                                                      pears credible. Upon making such a determination, the Inspec-
                                                                                      tor General shall transmit to the head of the establishment no-
                                                                                      tice of that determination, together with the complaint or infor-
                                                                                      mation.
                                                                                         (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




dlhill on DSK120RN23PROD with HEARING
                                                                                      the complaint or information to the Inspector General with that




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00078   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              79

                                                                                    determination and the Inspector General shall make the trans-
                                                                                    mission to the Director of National Intelligence and, if the es-
                                                                                    tablishment is within the Department of Defense, to the Sec-
                                                                                    retary of Defense. In such a case, the requirements of this sec-
                                                                                    tion for the head of the establishment apply to each recipient of
                                                                                    the Inspector General’s transmission.
                                                                                 (d) FORWARDING TRANSMITTALS.—Upon receipt of a transmittal
                                                                              from the Inspector General under subsection (c), the head of the es-
                                                                              tablishment 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 cred-
                                                                                    ible under subsection (c) a complaint or information submitted
                                                                                    to the Inspector General under subsection (b), or does not trans-
                                                                                    mit the complaint or information to the head of the establish-
                                                                                    ment in accurate form under subsection (c), the employee (sub-
                                                                                    ject to paragraph (2)) may submit the complaint or information
                                                                                    to Congress by contacting either or both of the intelligence com-
                                                                                    mittees directly.
                                                                                       (2) LIMITATION.—The employee may contact the intelligence
                                                                                    committees directly as described in paragraph (1) only if the
                                                                                    employee—
                                                                                            (A) before making such a contact, furnishes to the head
                                                                                         of the establishment, through the Inspector General, a
                                                                                         statement of the employee’s complaint or information and
                                                                                         notice of the employee’s intent to contact the intelligence
                                                                                         committees directly; and
                                                                                            (B) obtains and follows from the head of the establish-
                                                                                         ment, through the Inspector General, direction on how to
                                                                                         contact the intelligence committees in accordance with ap-
                                                                                         propriate security practices.
                                                                                       (3) INTELLIGENCE COMMITTEE RECEIPT OF COMPLAINT OR IN-
                                                                                    FORMATION.—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 ca-
                                                                                    pacity as a member or employee of that committee.
                                                                                 (f) NOTIFICATION.—The Inspector General shall notify an em-
                                                                              ployee who reports a complaint or information under this section of
                                                                              each action taken under this section with respect to the complaint
                                                                              or information. Such notice shall be provided not later than 3 days
                                                                              after any such action is taken.
                                                                                 (g) NO JUDICIAL REVIEW.—An action taken by the head of an es-
                                                                              tablishment 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 Com-
                                                                              mittee 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 sub-
                                                                              mission to that particular Inspector General, and of the date on




dlhill on DSK120RN23PROD with HEARING
                                                                              which such submission was made.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00079   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              80

                                                                              § 417. Special Provisions Concerning the Department of
                                                                                          Homeland Security
                                                                                 (a) IN GENERAL.—
                                                                                      (1) AUTHORITY OF SECRETARY OF HOMELAND SECURITY OVER
                                                                                   CERTAIN AUDITS AND INVESTIGATIONS.—Notwithstanding the 2d
                                                                                   sentence and last sentence of section 403(a) of this title, the In-
                                                                                   spector 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 in-
                                                                                   formation concerning—
                                                                                           (A) intelligence, counterintelligence, or counterterrorism
                                                                                        matters;
                                                                                           (B) ongoing criminal investigations or proceedings;
                                                                                           (C) undercover operations;
                                                                                           (D) the identity of confidential sources, including pro-
                                                                                        tected witnesses;
                                                                                           (E) other matters the disclosure of which would, in the
                                                                                        Secretary’s judgment, constitute a serious threat to the pro-
                                                                                        tection 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 INVESTIGA-
                                                                                   TIONS.—With respect to the information described in paragraph
                                                                                   (1), the Secretary of Homeland Security may prohibit the In-
                                                                                   spector General of the Department of Homeland Security from
                                                                                   carrying out or completing any audit or investigation, from ac-
                                                                                   cessing information described in paragraph (1), or from issuing
                                                                                   any subpoena, after such Inspector General has decided to ini-
                                                                                   tiate, carry out, or complete such audit or investigation, access
                                                                                   such information, or to issue such subpoena, if the Secretary de-
                                                                                   termines that such prohibition is necessary to prevent the dis-
                                                                                   closure of any information described in paragraph (1), to pre-
                                                                                   serve the national security, or to prevent a significant impair-
                                                                                   ment to the interests of the United States.
                                                                                      (3) NOTIFICATION OF EXERCISE OF POWER.—If the Secretary of
                                                                                   Homeland Security exercises any power under paragraph (1) or
                                                                                   (2), the Secretary shall notify the Inspector General of the De-
                                                                                   partment of Homeland Security in writing within 7 days, stat-
                                                                                   ing 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 Representa-
                                                                                   tives, and appropriate committees and subcommittees of Con-
                                                                                   gress the following—
                                                                                           (A) a copy of such notice; and
                                                                                           (B) a written response to such notice that includes a
                                                                                        statement regarding whether the Inspector General agrees
                                                                                        or disagrees with such exercise, and the reasons for any
                                                                                        disagreement.
                                                                                 (b) NOT A LIMITATION ON CONGRESSIONAL ACCESS TO INFORMA-




dlhill on DSK120RN23PROD with HEARING
                                                                              TION.—The exercise of authority by the Secretary described in sub-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00080   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              81

                                                                              section (a)(2) should not be construed as limiting the right of Con-
                                                                              gress or any committee of Congress to access any information it
                                                                              seeks.
                                                                                 (c) AUTHORITY OF INSPECTOR GENERAL TO INITIATE, CONDUCT,
                                                                              AND SUPERVISE AUDITS AND INVESTIGATIONS.—Subject to the condi-
                                                                              tions established in subsections (a) and (b), in carrying out the du-
                                                                              ties and responsibilities specified in this chapter, the Inspector Gen-
                                                                              eral 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 Sec-
                                                                              retary of Homeland Security to the appropriate committees or sub-
                                                                              committees 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 pro-
                                                                              vision of law, in carrying out the duties and responsibilities speci-
                                                                              fied in this chapter, the Inspector General of the Department of
                                                                              Homeland Security shall have oversight responsibility for the inter-
                                                                              nal investigations performed by the Office of Internal Affairs of the
                                                                              United States Customs Service, the Office of Inspections of the
                                                                              United States Secret Service, the Bureau of Border Security, and the
                                                                              Bureau of Citizenship and Immigration Services. The head of each
                                                                              such office or bureau shall promptly report to the Inspector General
                                                                              the significant activities being carried out by such office or bureau.
                                                                                 (f) DESIGNATED SENIOR OFFICIAL.—
                                                                                       (1) IN GENERAL.—The Inspector General of the Department of
                                                                                    Homeland Security shall designate a senior official within the
                                                                                    Office of Inspector General, who shall be a career member of the
                                                                                    civil service at the equivalent to the GS—15 level or a career
                                                                                    member of the Senior Executive Service, to perform the func-
                                                                                    tions described in paragraph (2).
                                                                                       (2) FUNCTIONS.—The senior official designated under para-
                                                                                    graph (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 De-
                                                                                         partment;
                                                                                            (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—




dlhill on DSK120RN23PROD with HEARING
                                                                                                 (i) alleged abuses of civil rights or civil liberties; and




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00081   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              82

                                                                                                   (ii) any policy recommendations regarding civil
                                                                                                 rights and civil liberties that may be founded upon an
                                                                                                 investigation by the Office of Inspector General;
                                                                                              (F) provide the Officer for Civil Rights and Civil Lib-
                                                                                           erties with information regarding the outcome of investiga-
                                                                                           tions 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 pub-
                                                                                           licizes and provides convenient public access to information
                                                                                           regarding—
                                                                                                   (i) the procedure to file complaints or comments con-
                                                                                                 cerning civil rights and civil liberties matters; and
                                                                                                   (ii) the status of corrective actions taken by the De-
                                                                                                 partment 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.
                                                                              § 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 es-
                                                                              tablishment not named in such section or with respect to a des-
                                                                              ignated Federal entity as defined under section 415(a) of this title.
                                                                              § 419. Special Provisions Concerning Overseas Contingency
                                                                                          Operations
                                                                                 (a) ADDITIONAL RESPONSIBILITIES OF CHAIR OF COUNCIL OF IN-
                                                                              SPECTORS 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 des-
                                                                                   ignate 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 con-
                                                                                   flicts of jurisdiction among the Inspectors General specified in
                                                                                   subsection (c) on investigations, inspections, and audits with re-
                                                                                   spect to such contingency operation in accordance with sub-




dlhill on DSK120RN23PROD with HEARING
                                                                                   section (d)(2)(B).




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00082   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              83

                                                                                     (3) IDENTIFY OFFICE PERSONNEL.—To assist in identifying for
                                                                                   the lead inspector general for such contingency operation, In-
                                                                                   spectors General and inspector general office personnel avail-
                                                                                   able to assist the lead Inspector General and the other Inspec-
                                                                                   tors 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 OP-
                                                                              ERATION.—
                                                                                     (1) DESIGNATION.—A lead Inspector General for an overseas
                                                                                   contingency operation shall be designated by the Chair of the
                                                                                   Council of Inspectors General on Integrity and Efficiency under
                                                                                   subsection (b)(1) not later than 30 days after the earlier of—
                                                                                           (A) the commencement or designation of the military op-
                                                                                        eration 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 sub-
                                                                                   section (c).
                                                                                     (2) RESPONSIBILITIES.—The lead Inspector General for an
                                                                                   overseas contingency operation shall have the following respon-
                                                                                   sibilities:
                                                                                           (A) APPOINT ASSOCIATE INSPECTOR GENERAL.—To ap-
                                                                                        point, from among the offices of the other Inspectors Gen-
                                                                                        eral 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 In-
                                                                                        spector General in the discharge of responsibilities under
                                                                                        this subsection.
                                                                                           (B) STRATEGIC PLAN TO CONDUCT COMPREHENSIVE OVER-
                                                                                        SIGHT.—To develop and carry out, in coordination with the
                                                                                        offices of the other Inspectors General specified in sub-
                                                                                        section (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, inspec-
                                                                                        tions, and investigations, independent and effective over-
                                                                                        sight of all programs and operations of the Federal Govern-
                                                                                        ment in support of the contingency operation.
                                                                                           (C) ACCURACY OF INFORMATION.—To review and ascer-
                                                                                        tain the accuracy of information provided by Federal agen-
                                                                                        cies relating to obligations and expenditures, costs of pro-
                                                                                        grams 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 JURIS-
                                                                                             DICTION.—If none of the Inspectors General specified in




dlhill on DSK120RN23PROD with HEARING
                                                                                             subsection (c) has principal jurisdiction over a matter




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00083   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              84

                                                                                                with respect to the contingency operation, to identify
                                                                                                and coordinate with the Inspector General who has
                                                                                                principal jurisdiction over the matter to ensure effective
                                                                                                oversight.
                                                                                                   (ii) MORE THAN ONE INSPECTOR GENERAL WITH JU-
                                                                                                RISDICTION.—If more than one of the Inspectors Gen-
                                                                                                eral specified in subsection (c) has jurisdiction over a
                                                                                                matter with respect to the contingency operation, to de-
                                                                                                termine principal jurisdiction for discharging oversight
                                                                                                responsibilities in accordance with this chapter with
                                                                                                respect to such matter.
                                                                                                   (iii) INVESTIGATIONS.—
                                                                                                         (I) REQUEST BY INSPECTOR GENERAL WITH PRIN-
                                                                                                      CIPAL 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 Gen-
                                                                                                      eral, an Inspector General specified in subsection
                                                                                                      (c) may provide investigative support or conduct an
                                                                                                      independent investigation of an allegation of crimi-
                                                                                                      nal activity by any United States personnel, con-
                                                                                                      tractor, subcontractor, grantee, or vendor in the
                                                                                                      applicable theater of operations.
                                                                                                         (II) NO INSPECTOR GENERAL WITH PRINCIPAL JU-
                                                                                                      RISDICTION.—In the case of a determination by the
                                                                                                      lead Inspector General that no Inspector General
                                                                                                      has principal jurisdiction over a matter with re-
                                                                                                      spect to the contingency operation, the lead Inspec-
                                                                                                      tor General may—
                                                                                                               (aa) conduct an independent investigation of
                                                                                                            an allegation described in subclause (I); or
                                                                                                               (bb) request that an Inspector General speci-
                                                                                                            fied in subsection (c) conduct such investiga-
                                                                                                            tion.
                                                                                              (E) PERSONNEL.—To employ, or authorize the employ-
                                                                                           ment 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 as-
                                                                                           sist the lead Inspector General and such other Inspectors
                                                                                           General on matters relating to the contingency operation.
                                                                                              (F) REPORT ON ACTIVITY.—To submit to Congress on a bi-
                                                                                           annual basis, and to make available on an internet website
                                                                                           available to the public, a report on the activities of the lead
                                                                                           Inspector General and the other Inspectors General speci-
                                                                                           fied in subsection (c) with respect to the contingency oper-
                                                                                           ation, including—
                                                                                                   (i) the status and results of investigations, inspec-
                                                                                                tions, and audits and of referrals to the Department of
                                                                                                Justice; and
                                                                                                   (ii) overall plans for the review of the contingency op-
                                                                                                eration by inspectors general, including plans for inves-




dlhill on DSK120RN23PROD with HEARING
                                                                                                tigations, inspections, and audits.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00084   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              85

                                                                                             (G) REPORT ON CONTINGENCY OPERATION.—To submit to
                                                                                          Congress on a quarterly basis, and to make available on an
                                                                                          Internet website available to the public, a report on the con-
                                                                                          tingency operation.
                                                                                             (H) OTHER RESPONSIBILITIES.—To carry out such other
                                                                                          responsibilities relating to the coordination and efficient
                                                                                          and effective discharge by the Inspectors General specified
                                                                                          in subsection (c) of duties relating to the contingency oper-
                                                                                          ation 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 Gen-
                                                                                          eral 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 Inspec-
                                                                                                tor 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 over-
                                                                                          seas 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 Gen-
                                                                                          eral 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 In-
                                                                                          spector General concerned was the Department of Defense.
                                                                                             (C) FOREIGN SERVICE ANNUITANTS.—
                                                                                                   (i) CONTINUANCE OF ANNUITY.—An annuitant receiv-
                                                                                                ing 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 pur-
                                                                                                      poses 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 an-
                                                                                                nuitant described in clause (i) may elect in writing for
                                                                                                the reemployment of the annuitant under this sub-
                                                                                                section to be subject to section 824 of the Foreign Serv-
                                                                                                ice Act of 1980 (22 U.S.C. 4064). A reemployed annu-




dlhill on DSK120RN23PROD with HEARING
                                                                                                itant shall make an election under this clause not later




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00085   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              86

                                                                                                  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 contin-
                                                                                   gency operation shall discharge the responsibilities for the con-
                                                                                   tingency 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 Inspec-
                                                                                   tors General specified in subsection (c) under this chapter.
                                                                                      (5) COMPETITIVE STATUS FOR APPOINTMENT.—
                                                                                           (A) IN GENERAL.—A person employed by a lead Inspector
                                                                                        General for an overseas contingency operation under this
                                                                                        section shall acquire competitive status for appointment to
                                                                                        any position in the competitive service for which the em-
                                                                                        ployee possesses the required qualifications upon the com-
                                                                                        pletion of 2 years of continuous service as an employee
                                                                                        under this section.
                                                                                           (B) LIMITATION.—No person who is first employed as de-
                                                                                        scribed in subparagraph (A) more than 2 years after De-
                                                                                        cember 19, 2019, may acquire competitive status under sub-
                                                                                        paragraph (A).
                                                                                (e) SUNSET FOR PARTICULAR CONTINGENCY OPERATIONS.—The re-
                                                                              quirements and authorities of this section with respect to an over-
                                                                              seas contingency operation shall cease at the end of the first fiscal
                                                                              year after the commencement or designation of the contingency oper-
                                                                              ation 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, in-
                                                                              spections, or investigations in the exercise of their oversight respon-
                                                                              sibilities in accordance with this chapter with respect to overseas
                                                                              contingency operations.
                                                                              § 420. Information on Websites of Offices of Inspectors Gen-
                                                                                          eral
                                                                                 (a) DIRECT LINKS TO INSPECTORS GENERAL OFFICES.—
                                                                                      (1) IN GENERAL.—Each Federal agency and designated Fed-
                                                                                   eral entity shall establish and maintain on the homepage of the
                                                                                   website of that Federal agency or designated Federal entity, a
                                                                                   direct link to the website of the Office of the Inspector General
                                                                                   of that Federal agency or designated Federal entity.
                                                                                      (2) ACCESSIBILITY.—The direct link under paragraph (1)
                                                                                   shall be obvious and facilitate accessibility to the website of the
                                                                                   Office of the Inspector General.
                                                                                 (b) REQUIREMENTS FOR INSPECTORS GENERAL WEBSITES.—
                                                                                      (1) POSTING OF REPORTS AND AUDITS.—The Inspector General
                                                                                   of each Federal agency and designated Federal entity shall—
                                                                                           (A) not later than 3 days after any audit report, inspec-
                                                                                        tion report, or evaluation report (or portion of any such re-
                                                                                        port) is submitted in final form to the head of the Federal
                                                                                        agency or the head of the designated Federal entity, as ap-
                                                                                        plicable, post that report (or portion of that report) on the




dlhill on DSK120RN23PROD with HEARING
                                                                                        website of the Office of Inspector General; and




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00086   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              87

                                                                                           (B) ensure that any posted report (or portion of that re-
                                                                                        port) described under subparagraph (A)—
                                                                                                (i) is easily accessible from a direct link on the home-
                                                                                             page of the website of the Office of the Inspector Gen-
                                                                                             eral;
                                                                                                (ii) includes a summary of the findings of the Inspec-
                                                                                             tor General; and
                                                                                                (iii) is in a format that—
                                                                                                      (I) is searchable and downloadable; and
                                                                                                      (II) facilitates printing by individuals of the pub-
                                                                                                   lic 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 iden-
                                                                                        tifying information relating to that individual.
                                                                                           (B) ANONYMITY.—The Inspector General of each Federal
                                                                                        agency and designated Federal entity shall not disclose the
                                                                                        identity of any individual making a report under this para-
                                                                                        graph without the consent of the individual unless the In-
                                                                                        spector General determines that such a disclosure is un-
                                                                                        avoidable during the course of the investigation.
                                                                                      (3) RULE OF CONSTRUCTION.—Nothing in this subsection
                                                                                   shall be construed as authorizing an Inspector General to pub-
                                                                                   licly 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 mean-
                                                                              ings given those terms in section 415(a) of this title.
                                                                              § 421. Additional Provisions With Respect to the Department
                                                                                         of Energy
                                                                                 (a) AUTHORITY TO PROHIBIT ACCESS TO CERTAIN MATERIALS.—
                                                                              The Secretary of Energy may prohibit the Inspector General of the
                                                                              Department of Energy from accessing Restricted Data and nuclear
                                                                              safeguards information protected from disclosure under chapter 12
                                                                              of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) and intel-
                                                                              ligence or counterintelligence, as defined in section 3 of the National
                                                                              Security Act of 1947 (50 U.S.C. 3003), if the Secretary of Energy de-
                                                                              termines that the prohibition is necessary to protect the national se-
                                                                              curity or prevent the significant impairment to the national security
                                                                              interests of the United States.
                                                                                 (b) NOTIFICATION TO INSPECTOR GENERAL AND STATEMENT TO
                                                                              CONGRESS.—Not later than 7 days after the date on which the Sec-
                                                                              retary of Energy exercises any power authorized under subsection
                                                                              (a), the Secretary shall notify the Inspector General of the Depart-
                                                                              ment 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




dlhill on DSK120RN23PROD with HEARING
                                                                              Congress a statement concerning such exercise.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00087   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              88

                                                                              § 422. Transfer of Functions
                                                                                 (a) IN GENERAL.—There shall be transferred—
                                                                                      (1) to the Office of Inspector General—
                                                                                           (A) of the Department of Agriculture, the offices of that
                                                                                        department referred to as the ‘‘Office of Investigation’’ and
                                                                                        the ‘‘Office of Audit’’;
                                                                                           (B) of the Department of Commerce, the offices of that de-
                                                                                        partment referred to as the ‘‘Office of Audits’’ and the ‘‘In-
                                                                                        vestigations and Inspections Staff’’ and that portion of the
                                                                                        office referred to as the ‘‘Office of Investigations and Secu-
                                                                                        rity’’ which has responsibility for investigation of alleged
                                                                                        criminal violations and program abuse;
                                                                                           (C) of the Department of Defense, the offices of that de-
                                                                                        partment 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 Develop-
                                                                                        ment, the office of that department referred to as the ‘‘Office
                                                                                        of Inspector General’’;
                                                                                           (H) of the Department of the Interior, the office of that de-
                                                                                        partment referred to as the ‘‘Office of Audit and Investiga-
                                                                                        tion’’;
                                                                                           (I) of the Department of Justice—
                                                                                                (i) the offices of that Department referred to as—
                                                                                                      (I) the ‘‘Audit Staff, Justice Management Divi-
                                                                                                   sion’’;
                                                                                                      (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 Fi-
                                                                                                   nancial 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




dlhill on DSK120RN23PROD with HEARING
                                                                                              in internal audit activities, and that portion of the ‘‘Of-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00088   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              89

                                                                                                 fice of Planning and Evaluation’’ which is engaged in
                                                                                                 program review activities;
                                                                                              (J) of the Department of Labor, the office of that depart-
                                                                                           ment 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 Avia-
                                                                                           tion Administration’’, and ‘‘External Audit Divisions, Fed-
                                                                                           eral Aviation Administration’’, the ‘‘Investigations Division
                                                                                           and the External Audit Division of the Office of Program
                                                                                           Review and Investigation, Federal Highway Administra-
                                                                                           tion’’, 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 Gen-
                                                                                           eral’’, 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 Serv-
                                                                                           ice’’, 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 Adminis-
                                                                                           tration, 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 ‘‘Se-
                                                                                           curity 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 Administra-
                                                                                           tion, the offices of that agency referred to as the ‘‘Manage-
                                                                                           ment Audit Office’’ and the ‘‘Office of Inspections and Secu-
                                                                                           rity’’;
                                                                                              (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, Ad-
                                                                                           ministration Group’’;
                                                                                              (S) of the Railroad Retirement Board, the Office of In-
                                                                                           spector General (as established by section 23 of the Rail-
                                                                                           road Retirement Act of 1974);
                                                                                              (T) of the Small Business Administration, the office of
                                                                                           that agency referred to as the ‘‘Office of Audits and Inves-
                                                                                           tigations’’;
                                                                                              (U) of the Department of Veterans Affairs, the offices of
                                                                                           that department referred to as the ‘‘Office of Audits’’ and




dlhill on DSK120RN23PROD with HEARING
                                                                                           the ‘‘Office of Investigations’’;




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00089   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              90

                                                                                            (V) of the Corporation for National and Community Serv-
                                                                                         ice, 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 Secu-
                                                                                         rity Administration by the Social Security Independence
                                                                                         and Program Improvements Act of 1994 (other than func-
                                                                                         tions performed pursuant to section 105(a)(2) of such Act),
                                                                                         except that such transfers shall be made in accordance with
                                                                                         the provisions of such Act and shall not be subject to sub-
                                                                                         sections (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, fur-
                                                                                    ther 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, con-
                                                                              tracts, property, records, and unexpended balances of appropria-
                                                                              tions, authorizations, allocations, and other funds employed, held,
                                                                              used, arising from, available or to be made available, of any office
                                                                              or agency the functions, powers, and duties of which are transferred
                                                                              under subsection (a) are hereby transferred to the applicable Office
                                                                              of Inspector General.
                                                                                 (c) PERSONNEL.—Personnel transferred pursuant to subsection (b)
                                                                              shall be transferred in accordance with applicable laws and regula-
                                                                              tions relating to the transfer of functions except that the classifica-
                                                                              tion and compensation of such personnel shall not be reduced for
                                                                              one year after such transfer.
                                                                                 (d) LAPSE OF OFFICE OR AGENCY AND COMPENSATION FOR TRANS-
                                                                              FERRED 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 com-
                                                                              pensated in the new position at not less than the rate provided for
                                                                              the previous position, for the duration of service in the new position.
                                                                              § 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 Af-
                                                                                   ghanistan Reconstruction shall be that of an Inspector General
                                                                                   as defined under section 401 of this title.
                                                                                      (2) PROHIBITION OF CASH BONUS OR AWARDS.—Section 403(f)
                                                                                   of this title shall apply to the Inspectors General described
                                                                                   under paragraph (1).
                                                                                 (b) INSPECTORS GENERAL OF DESIGNATED FEDERAL ENTITIES.—




dlhill on DSK120RN23PROD with HEARING
                                                                              Notwithstanding any other provision of law, the Inspector General




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00090   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              91

                                                                              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 Infor-
                                                                              mation Officer, Chief Financial Officer, Chief Human Capital Offi-
                                                                              cer, or Chief Acquisition Officer). The pay of an Inspector General
                                                                              of a designated Federal entity (as those terms are defined under sec-
                                                                              tion 415(a) of this title) shall be not less than the average total com-
                                                                              pensation (including bonuses) of the senior level executives of that
                                                                              designated Federal entity calculated on an annual basis.
                                                                                 (c) SAVINGS PROVISION FOR NEWLY APPOINTED INSPECTORS GEN-
                                                                              ERAL.—
                                                                                      (1) IN GENERAL.—The provisions of section 3392 of this title,
                                                                                    other than the terms ‘‘performance awards’’ and ‘‘awarding of
                                                                                    ranks’’ in subsection (c)(1) of that section, shall apply to career
                                                                                    appointees of the Senior Executive Service who are appointed to
                                                                                    the position of Inspector General.
                                                                                      (2) NONREDUCTION IN PAY.—Notwithstanding any other pro-
                                                                                    vision of law, career Federal employees serving on an appoint-
                                                                                    ment 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.
                                                                              § 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 per-
                                                                                        sonnel 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 Inves-
                                                                                        tigation designated by the Director of the Federal Bureau
                                                                                        of Investigation.
                                                                                           (E) The Director of the Office of Government Ethics.




dlhill on DSK120RN23PROD with HEARING
                                                                                           (F) The Special Counsel of the Office of Special Counsel.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00091   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              92

                                                                                            (G) The Deputy Director of the Office of Personnel Man-
                                                                                         agement.
                                                                                            (H) The Deputy Director for Management of the Office of
                                                                                         Management and Budget.
                                                                                            (I) The Inspectors General of the Library of Congress,
                                                                                         Capitol Police, Government Publishing Office, Government
                                                                                         Accountability Office, and the Architect of the Capitol.
                                                                                       (2) CHAIRPERSON AND EXECUTIVE CHAIRPERSON.—
                                                                                            (A) EXECUTIVE CHAIRPERSON.—The Deputy Director for
                                                                                         Management of the Office of Management and Budget shall
                                                                                         be the Executive Chairperson of the Council.
                                                                                            (B) CHAIRPERSON.—The Council shall elect 1 of the In-
                                                                                         spectors General referred to in paragraph (1)(A) or (B) to
                                                                                         act as Chairperson of the Council. The term of office of the
                                                                                         Chairperson shall be 2 years.
                                                                                       (3) FUNCTIONS OF CHAIRPERSON AND EXECUTIVE CHAIR-
                                                                                     PERSON.—
                                                                                            (A) EXECUTIVE CHAIRPERSON.—The Executive Chair-
                                                                                         person shall—
                                                                                                  (i) preside over meetings of the Council;
                                                                                                  (ii) provide to the heads of agencies and entities rep-
                                                                                               resented on the Council summary reports of the activi-
                                                                                               ties 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 Gen-
                                                                                               eral 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 avail-
                                                                                               able 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 pro-
                                                                                               vided in advance by appropriations Acts, made avail-
                                                                                               able from the revolving fund established under sub-
                                                                                               section (c)(3)(B), or as otherwise provided by law, enter




dlhill on DSK120RN23PROD with HEARING
                                                                                               into contracts and other arrangements with public




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00092   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              93

                                                                                                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 ef-
                                                                                                ficient conduct of Council functions; and
                                                                                                   (viii) prepare and transmit an annual report on be-
                                                                                                half of the Council on the activities of the Council to—
                                                                                                        (I) the President;
                                                                                                        (II) the appropriate committees of jurisdiction of
                                                                                                     the Senate and the House of Representatives;
                                                                                                        (III) the Committee on Homeland Security and
                                                                                                     Governmental Affairs of the Senate; and
                                                                                                        (IV) the Committee on Oversight and Reform of
                                                                                                     the House of Representatives.
                                                                                   (c) FUNCTIONS AND DUTIES OF COUNCIL.—
                                                                                        (1) IN GENERAL.—The Council shall—
                                                                                             (A) continually identify, review, and discuss areas of
                                                                                          weakness and vulnerability in Federal programs and oper-
                                                                                          ations with respect to fraud, waste, and abuse;
                                                                                             (B) develop plans for coordinated, Governmentwide ac-
                                                                                          tivities that address these problems and promote economy
                                                                                          and efficiency in Federal programs and operations, includ-
                                                                                          ing interagency and interentity audit, investigation, inspec-
                                                                                          tion, and evaluation programs and projects to deal effi-
                                                                                          ciently 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 Inspec-
                                                                                          tor General personnel;
                                                                                             (D) maintain an Internet website and other electronic sys-
                                                                                          tems for the benefit of all Inspectors General, as the Coun-
                                                                                          cil determines are necessary or desirable;
                                                                                             (E) maintain 1 or more academies as the Council con-
                                                                                          siders 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 appro-
                                                                                          priate appointing authority for any appointment to an of-
                                                                                          fice of Inspector General described under subsection
                                                                                          (b)(1)(A) or (B);
                                                                                             (G) make such reports to Congress as the Chairperson de-
                                                                                          termines are necessary or appropriate;
                                                                                             (H) except for matters coordinated among Inspectors Gen-
                                                                                          eral 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, in-
                                                                                          spection, evaluation, or project that involves the jurisdiction
                                                                                          of more than one Office of Inspector General; and
                                                                                             (I) perform other duties within the authority and juris-
                                                                                          diction of the Council, as appropriate.
                                                                                        (2) ADHERENCE AND PARTICIPATION BY MEMBERS.—To the ex-




dlhill on DSK120RN23PROD with HEARING
                                                                                      tent permitted under law, and to the extent not inconsistent




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00093   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              94

                                                                                     with standards established by the Comptroller General of the
                                                                                     United States for audits of Federal establishments, organiza-
                                                                                     tions, programs, activities, and functions, each member of the
                                                                                     Council, as appropriate, shall—
                                                                                             (A) adhere to professional standards developed by the
                                                                                          Council; and
                                                                                             (B) participate in the plans, programs, and projects of the
                                                                                          Council, except that in the case of a member described
                                                                                          under subsection (b)(1)(I), the member shall participate
                                                                                          only to the extent requested by the member and approved
                                                                                          by the Executive Chairperson and Chairperson.
                                                                                        (3) ADDITIONAL ADMINISTRATIVE AUTHORITIES.—
                                                                                             (A) INTERAGENCY FUNDING.—Notwithstanding section
                                                                                          1532 of title 31, or any other provision of law prohibiting
                                                                                          the interagency funding of activities described under sub-
                                                                                          clause (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 Chair-
                                                                                               person, any Federal agency or designated Federal enti-
                                                                                               ty (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 Gen-
                                                                                                     eral Council Fund; or
                                                                                                        (II) enter into an arrangement with a depart-
                                                                                                     ment or agency to use an existing revolving fund.
                                                                                                  (ii) AMOUNTS IN REVOLVING FUND.—
                                                                                                        (I) IN GENERAL.—Amounts transferred to the
                                                                                                     Council under this subsection shall be deposited in
                                                                                                     the revolving fund described under clause (i)(I) or
                                                                                                     (II).
                                                                                                        (II) TRAINING.—Any remaining unexpended bal-
                                                                                                     ances appropriated for or otherwise available to
                                                                                                     the Inspectors General Criminal Investigator Acad-
                                                                                                     emy 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 sub-
                                                                                                     clause (II), amounts in the revolving fund de-
                                                                                                     scribed under clause (i)(I) or (II) may be used to
                                                                                                     carry out the functions and duties of the Council




dlhill on DSK120RN23PROD with HEARING
                                                                                                     under this subsection.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00094   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              95

                                                                                                         (II) TRAINING.—Amounts transferred into the re-
                                                                                                      volving 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 revolv-
                                                                                                ing fund described under clause (i)(I) or (II) shall re-
                                                                                                main available to the Council without fiscal year limi-
                                                                                                tation.
                                                                                             (C) SUPERSEDING PROVISIONS.—No provision of law en-
                                                                                          acted after October 14, 2008, shall be construed to limit or
                                                                                          supersede any authority under subparagraph (A) or (B),
                                                                                          unless such provision makes specific reference to the au-
                                                                                          thority in that subparagraph.
                                                                                        (4) EXISTING AUTHORITIES AND RESPONSIBILITIES.—The estab-
                                                                                     lishment and operation of the Council shall not affect—
                                                                                             (A) the role of the Department of Justice in law enforce-
                                                                                          ment and litigation;
                                                                                             (B) the authority or responsibilities of any Government
                                                                                          agency or entity; and
                                                                                             (C) the authority or responsibilities of individual mem-
                                                                                          bers of the Council.
                                                                                        (5) ADDITIONAL RESPONSIBILITIES RELATING TO WHISTLE-
                                                                                     BLOWER PROTECTION.—The Council shall—
                                                                                             (A) facilitate the work of the Whistleblower Protection Co-
                                                                                          ordinators 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 of-
                                                                                          fices of the Inspector General, develop best practices for co-
                                                                                          ordination and communication in promoting the timely and
                                                                                          appropriate handling and consideration of protected disclo-
                                                                                          sures, allegations of reprisal, and general matters regard-
                                                                                          ing the implementation and administration of whistle-
                                                                                          blower 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 investiga-
                                                                                     tion allegations of wrongdoing that are made against Inspectors
                                                                                     General and staff members of the various Offices of Inspector
                                                                                     General described under paragraph (4)(C).
                                                                                        (2) MEMBERSHIP.—
                                                                                             (A) IN GENERAL.—The Integrity Committee shall consist
                                                                                          of the following members:
                                                                                                   (i) The official of the Federal Bureau of Investigation
                                                                                                serving on the Council.
                                                                                                   (ii) Four Inspectors General described in subpara-
                                                                                                graph (A) or (B) of subsection (b)(1) appointed by the
                                                                                                Chairperson of the Council, representing both estab-
                                                                                                lishments and designated Federal entities (as that term
                                                                                                is defined in section 415(a) of this title).
                                                                                                   (iii) The Director of the Office of Government Ethics
                                                                                                or the designee of the Director.
                                                                                             (B) CHAIRPERSON.—
                                                                                                   (i) IN GENERAL.—The Integrity Committee shall elect




dlhill on DSK120RN23PROD with HEARING
                                                                                                one of the Inspectors General referred to in subpara-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00095   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              96

                                                                                               graph (A)(ii) to act as Chairperson of the Integrity
                                                                                               Committee.
                                                                                                  (ii) TERM.—The term of office of the Chairperson of
                                                                                               the Integrity Committee shall be 2 years.
                                                                                       (3) LEGAL ADVISOR.—The Chief of the Public Integrity Section
                                                                                     of the Criminal Division of the Department of Justice, or the
                                                                                     Chief’s designee, shall serve as a legal advisor to the Integrity
                                                                                     Committee.
                                                                                       (4) REFERRAL OF ALLEGATIONS.—
                                                                                             (A) DEFINITION OF STAFF MEMBER.—In this paragraph,
                                                                                          the term ‘‘staff member’’ means any employee of an Office
                                                                                          of Inspector General who—
                                                                                                  (i) reports directly to an Inspector General; or
                                                                                                  (ii) is designated by an Inspector General under sub-
                                                                                               paragraph (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 Gen-
                                                                                          eral, if—
                                                                                                  (i) review of the substance of the allegation cannot be
                                                                                               assigned to an agency of the executive branch with ap-
                                                                                               propriate jurisdiction over the matter; and
                                                                                                  (ii) the Inspector General determines that—
                                                                                                        (I) an objective internal investigation of the alle-
                                                                                                     gation is not feasible; or
                                                                                                        (II) an internal investigation of the allegation
                                                                                                     may appear not to be objective.
                                                                                             (C) DESIGNATION OF STAFF MEMBERS.—Each Inspector
                                                                                          General shall annually submit to the Chairperson of the In-
                                                                                          tegrity Committee a designation of positions whose holders
                                                                                          are staff members for purposes of subparagraph (A).
                                                                                       (5) REVIEW OF ALLEGATIONS.—
                                                                                             (A) IN GENERAL.—Not later than 7 days after the date on
                                                                                          which the Integrity Committee receives an allegation of
                                                                                          wrongdoing against an Inspector General or against a staff
                                                                                          member of an Office of Inspector General described under
                                                                                          paragraph (4)(C), the allegation of wrongdoing shall be re-
                                                                                          viewed and referred to the Department of Justice or the Of-
                                                                                          fice 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 Com-
                                                                                               mittee.
                                                                                             (B) REFERRAL TO THE CHAIRPERSON.—
                                                                                                  (i) IN GENERAL.—Except as provided in clause (ii),
                                                                                               not later than 30 days after the date on which an alle-
                                                                                               gation of wrongdoing is referred to the Integrity Com-
                                                                                               mittee under subparagraph (A), the Integrity Com-
                                                                                               mittee shall determine whether to refer the allegation of
                                                                                               wrongdoing to the Chairperson of the Integrity Com-




dlhill on DSK120RN23PROD with HEARING
                                                                                               mittee to initiate an investigation.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00096   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              97

                                                                                                  (ii) EXTENSION.—The 30-day period described in
                                                                                               clause (i) may be extended for an additional period of
                                                                                               30 days if the Integrity Committee provides written no-
                                                                                               tice to the congressional committees described in para-
                                                                                               graph (8)(A)(iii) that includes a detailed, case-specific
                                                                                               description of why the additional time is needed to
                                                                                               evaluate the allegation of wrongdoing.
                                                                                        (6) AUTHORITY TO INVESTIGATE ALLEGATIONS.—
                                                                                             (A) REQUIREMENT.—The Chairperson of the Integrity
                                                                                          Committee shall cause a thorough and timely investigation
                                                                                          of each allegation referred under paragraph (5)(B) to be
                                                                                          conducted in accordance with this paragraph.
                                                                                             (B) RESOURCES.—At the request of the Chairperson of the
                                                                                          Integrity Committee, the head of each agency or entity rep-
                                                                                          resented 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 investiga-
                                                                                               tion 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 investiga-
                                                                                                     tion;
                                                                                                        (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 con-
                                                                                                     ducted 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 proce-
                                                                                                     dures to avoid conflicts of interest for Integrity
                                                                                                     Committee investigations.
                                                                                                  (ii) EXCEPTION.—The requirement under clause (i)(V)
                                                                                               shall not apply to any Office of Inspector General with
                                                                                               less than 50 employees who are authorized to conduct
                                                                                               audits or investigations.
                                                                                                  (iii) SUBMISSION TO CONGRESS.—The Council shall




dlhill on DSK120RN23PROD with HEARING
                                                                                               submit a copy of the policies and procedures estab-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00097   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              98

                                                                                               lished under clause (i) to the congressional committees
                                                                                               of jurisdiction.
                                                                                             (C) COMPLETION OF INVESTIGATION.—If an allegation of
                                                                                          wrongdoing is referred to the Chairperson of the Integrity
                                                                                          Committee under paragraph (5)(B), the Chairperson of the
                                                                                          Integrity Committee—
                                                                                                  (i) shall complete the investigation not later than 150
                                                                                               days after the date on which the Integrity Committee
                                                                                               made the referral; and
                                                                                                  (ii) if the investigation cannot be completed within
                                                                                               the 150-day period described in clause (i), shall—
                                                                                                        (I) promptly notify the congressional committees
                                                                                                     described in paragraph (8)(A)(iii); and
                                                                                                        (II) brief the congressional committees described
                                                                                                     in paragraph (8)(A)(iii) every 30 days regarding
                                                                                                     the status of the investigation and the general rea-
                                                                                                     sons 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 para-
                                                                                          graph (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 Jus-
                                                                                          tice 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 para-
                                                                                               graph (5)(B), the Chairperson of the Integrity Com-
                                                                                               mittee shall submit to members of the Integrity Com-
                                                                                               mittee 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 appli-
                                                                                               cable, shall submit to the Integrity Committee a report
                                                                                               containing the results of the investigation.
                                                                                                  (iii) AVAILABILITY TO CONGRESS.—
                                                                                                     (I) IN GENERAL.—The congressional committees de-
                                                                                                     scribed 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 pro-
                                                                                                     hibit disclosure of such information, the Integrity
                                                                                                     Committee may provide any report authored by the
                                                                                                     Integrity Committee to any Member of Congress.
                                                                                        (8) ASSESSMENT AND FINAL DISPOSITION.—
                                                                                             (A) IN GENERAL.—With respect to any report received
                                                                                          under paragraph (7)(E), the Integrity Committee shall—
                                                                                                  (i) assess the report;
                                                                                                  (ii) forward the report, with the recommendations of




dlhill on DSK120RN23PROD with HEARING
                                                                                               the Integrity Committee, including those on discipli-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00098   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              99

                                                                                               nary 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 Inspec-
                                                                                               tor 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 In-
                                                                                               spector General) for resolution;
                                                                                                  (iii) submit the report, with the recommendations of
                                                                                               the Integrity Committee, to the Committee on Home-
                                                                                               land 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 Con-
                                                                                               gress, submit the report, with the recommendations of
                                                                                               the Integrity Committee, to that Member.
                                                                                             (B) DISPOSITION.—The Executive Chairperson of the
                                                                                          Council shall report to the Integrity Committee the final
                                                                                          disposition of the matter, including what action was taken
                                                                                          by the President or agency head.
                                                                                        (9) ANNUAL REPORT.—The Council shall submit to Congress
                                                                                     and the President by December 31 of each year a report on the
                                                                                     activities of the Integrity Committee during the preceding fiscal
                                                                                     year, which shall include the following:
                                                                                             (A) The number of allegations received.
                                                                                             (B) The number of allegations referred to the Department
                                                                                          of Justice or the Office of Special Counsel, including the
                                                                                          number of allegations referred for criminal investigation.
                                                                                             (C) The number of allegations referred to the Chairperson
                                                                                          of the Integrity Committee for investigation.
                                                                                             (D) The number of allegations closed without referral.
                                                                                             (E) The date each allegation was received and the date
                                                                                          each allegation was finally disposed of.
                                                                                             (F) In the case of allegations referred to the Chairperson
                                                                                          of the Integrity Committee, a summary of the status of the
                                                                                          investigation of the allegations and, in the case of inves-
                                                                                          tigations 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, enforce-
                                                                                     able at law by a person against the United States, its agencies,
                                                                                     its officers, or any person.
                                                                                        (12) ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUN-
                                                                                     SEL OR DEPUTY SPECIAL COUNSEL.—
                                                                                             (A) SPECIAL COUNSEL DEFINED.—In this paragraph, the
                                                                                          term ‘‘Special Counsel’’ means the Special Counsel ap-




dlhill on DSK120RN23PROD with HEARING
                                                                                          pointed under section 1211(b) of title 5.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00099   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              100

                                                                                             (B) AUTHORITY OF INTEGRITY COMMITTEE.—
                                                                                                  (i) IN GENERAL.—An allegation of wrongdoing
                                                                                               against the Special Counsel or the Deputy Special
                                                                                               Counsel may be received, reviewed, and referred for in-
                                                                                               vestigation 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 In-
                                                                                               spector General described under paragraph (4)(C), sub-
                                                                                               ject to the requirement that the representative des-
                                                                                               ignated by the Special Counsel under paragraph
                                                                                               (5)(A)(ii) shall recuse himself or herself from the con-
                                                                                               sideration of any allegation brought under this para-
                                                                                               graph.
                                                                                                  (ii) COORDINATION WITH EXISTING PROVISIONS OF
                                                                                               LAW.—This paragraph shall not eliminate access to the
                                                                                               Merit Systems Protection Board for review under sec-
                                                                                               tion 7701 of title 5. To the extent that an allegation
                                                                                               brought under this paragraph involves section
                                                                                               2302(b)(8) of title 5, a failure to obtain corrective action
                                                                                               within 120 days after the date on which the allegation
                                                                                               is received by the Integrity Committee shall, for pur-
                                                                                               poses of section 1221 of title 5, be considered to satisfy
                                                                                               section 1214(a)(3)(B) of title 5.
                                                                                             (C) REGULATIONS.—The Integrity Committee may pre-
                                                                                          scribe any rules or regulations necessary to carry out this
                                                                                          paragraph, subject to such consultation or other require-
                                                                                          ments 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 In-
                                                                                      spector 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 Recon-
                                                                                          struction 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 Eco-
                                                                                          nomic Stabilization Act of 2020 (15 U.S.C. 9053).
                                                                                        (2) ESTABLISHMENT.—The Council shall establish and main-
                                                                                      tain 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 por-
                                                                                          tion of any such report) made by an Office of Inspector Gen-
                                                                                          eral; and
                                                                                             (B) that shall include any additional resources, informa-
                                                                                          tion, and enhancements as the Council determines are nec-




dlhill on DSK120RN23PROD with HEARING
                                                                                          essary or desirable.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00100   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                               101

                                                                                        (3) PARTICIPATION OF OFFICES OF INSPECTORS GENERAL.—
                                                                                      Each Office of Inspector General that publishes an audit report,
                                                                                      inspection report, or evaluation report (or portion of any such
                                                                                      report) on the website of the Office of Inspector General shall,
                                                                                      or in the case of the office of an Inspector General described in
                                                                                      subparagraph (I) of subsection (b)(1) may, contemporaneously
                                                                                      publish the report (or portion of the report) on oversight.gov in
                                                                                      a manner prescribed by the Council.
                                                                                        (4) EFFECTIVE DATE.—This subsection shall take effect on the
                                                                                      date that is 30 days after the date of receipt by the Council of
                                                                                      the Inspectors General on Integrity and Efficiency of an appro-
                                                                                      priation for the implementation of this subsection.
                                                                                   Changes in Existing Law Made by Section 3(c) of the Bill (Amending Title
                                                                                                           5, United States Code)

                                                                                             PART IV—ETHICS REQUIREMENTS
                                                                                                 CHAPTER 131—ETHICS IN GOVERNMENT
                                                                                     Subchapter I—Financial Disclosure Requirements of Federal Personnel
                                                                              Sec.
                                                                              13101. Definitions.
                                                                              13102. Administration of provisions.
                                                                              13103. Persons required to file.
                                                                              13104. Contents of reports.
                                                                              13105. Filing of reports.
                                                                              13106. Failure to file or filing false reports.
                                                                              13107. Custody of and public access to reports.
                                                                              13108. Review of reports.
                                                                              13109. Confidential reports and other additional requirements.
                                                                              13110. Authority of Comptroller General.
                                                                              13111. Notice of actions taken to comply with ethics agreements.
                                                                                                  Subchapter II—Office of Government Ethics
                                                                              13121. Establishment; appointment of Director.
                                                                              13122. Authority and functions.
                                                                              13123. Administrative provisions.
                                                                              13124. Rules and regulations.
                                                                              13125. Authorization of appropriations.
                                                                              13126. Reports to Congress.
                                                                                   Subchapter III—Limitations on Outside Earned Income and Employment
                                                                              13141. Definitions.
                                                                              13142. Administration.
                                                                              13143. Outside earned income limitation.
                                                                              13144. Limitations on outside employment.
                                                                              13145. Civil penalties.
                                                                              13146. Conditional termination.

                                                                              Subchapter I—Financial Disclosure Requirements of Federal
                                                                                                     Personnel
                                                                              § 13101. Definitions
                                                                                 In this subchapter:
                                                                                     (1) CONGRESSIONAL ETHICS COMMITTEES.—The term ‘‘congres-
                                                                                   sional ethics committees’’ means the Select Committee on Ethics
                                                                                   of the Senate and the Committee on Ethics of the House of Rep-
                                                                                   resentatives.
                                                                                     (2) DEPENDENT CHILD.—The term ‘‘dependent child’’ means,




dlhill on DSK120RN23PROD with HEARING
                                                                                   when used with respect to any reporting individual, any indi-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021    Jkt 029006   PO 00000   Frm 00101   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              102

                                                                                     vidual 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 ‘‘des-
                                                                                     ignated agency ethics official’’ means an officer or employee who
                                                                                     is designated to administer the provisions of this subchapter
                                                                                     within an agency.
                                                                                        (4) EXECUTIVE BRANCH.—The term ‘‘executive branch’’ in-
                                                                                     cludes 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, for-
                                                                                     bearance, 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 report-
                                                                                           ing individual;
                                                                                              (C) food, lodging, transportation, and entertainment pro-
                                                                                           vided 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 con-
                                                                                           nection with a gift of overnight lodging;
                                                                                              (E) communications to the offices of a reporting indi-
                                                                                           vidual, including subscriptions to newspapers and periodi-
                                                                                           cals; or
                                                                                              (F) consumable products provided by home-State busi-
                                                                                           nesses to the offices of a reporting individual who is an
                                                                                           elected official, if those products are intended for consump-
                                                                                           tion 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 fol-
                                                                                     lowing items: compensation for services, including fees, commis-
                                                                                     sions, and similar items; gross income derived from business
                                                                                     (and net income if the individual elects to include it); gains de-
                                                                                     rived from dealings in property; interest; rents; royalties; divi-
                                                                                     dends; annuities; income from life insurance and endowment
                                                                                     contracts; pensions; income from discharge of indebtedness; dis-
                                                                                     tributive share of partnership income; and income from an in-
                                                                                     terest 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




dlhill on DSK120RN23PROD with HEARING
                                                                                     Claims, or of the United States Court of Appeals for the Armed




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00102   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              103

                                                                                     Forces, who is not a judicial officer and who is authorized to
                                                                                     perform adjudicatory functions with respect to proceedings in
                                                                                     the judicial branch, or who occupies a position for which the
                                                                                     rate of basic pay is equal to or greater than 120 percent of the
                                                                                     minimum rate of basic pay payable for GS–15 of the General
                                                                                     Schedule.
                                                                                       (10) JUDICIAL OFFICER.—The term ‘‘judicial officer’’ means the
                                                                                     Chief Justice of the United States, the Associate Justices of the
                                                                                     Supreme Court, and the judges of the United States courts of
                                                                                     appeals, United States district courts, including the district
                                                                                     courts in Guam, the Northern Mariana Islands, and the Virgin
                                                                                     Islands, Court of Appeals for the Federal Circuit, Court of
                                                                                     International Trade, Tax Court, Court of Federal Claims, Court
                                                                                     of Appeals for Veterans Claims, United States Court of Appeals
                                                                                     for the Armed Forces, and any court created by Act of Congress,
                                                                                     the judges of which are entitled to hold office during good be-
                                                                                     havior.
                                                                                       (11) LEGISLATIVE BRANCH.—The term ‘‘legislative branch’’ in-
                                                                                     cludes—
                                                                                             (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 estab-
                                                                                          lished 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 sub-
                                                                                     paragraph (A), (B), or (C), other than a Member of Congress or
                                                                                     the Vice President, whose compensation is disbursed by the Sec-
                                                                                     retary of the Senate or the Chief Administrative Officer of the
                                                                                     House of Representatives. The individuals described in sub-
                                                                                     paragraphs (A), (B), and (C) are—
                                                                                             (A) each officer or employee of the legislative branch (ex-
                                                                                          cept any officer or employee of the Government Account-
                                                                                          ability 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 Account-
                                                                                          ability 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 lo-




dlhill on DSK120RN23PROD with HEARING
                                                                                          cated (as determined by the Comptroller General), is equal




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00103   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              104

                                                                                          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 pur-
                                                                                          poses 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 Gen-
                                                                                          eral Schedule.
                                                                                        (14) PERSONAL HOSPITALITY OF ANY INDIVIDUAL.—The term
                                                                                     ‘‘personal hospitality of any individual’’ means hospitality ex-
                                                                                     tended for a nonbusiness purpose by an individual, not a cor-
                                                                                     poration or organization, at the personal residence of that indi-
                                                                                     vidual 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 Dis-
                                                                                          trict of Columbia, or a State or local government or polit-
                                                                                          ical 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 Fed-
                                                                                          eral 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 con-
                                                                                     cerned’’ 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 Admin-
                                                                                          istration;
                                                                                             (B) the Secretary of Health and Human Services, with re-
                                                                                          spect to matters concerning the Public Health Service; and
                                                                                             (C) the Secretary of State, with respect to matters con-
                                                                                          cerning the Foreign Service.
                                                                                        (18) SUPERVISING ETHICS OFFICE.—The term ‘‘supervising eth-
                                                                                     ics office’’ means—
                                                                                             (A) the Select Committee on Ethics of the Senate, for Sen-
                                                                                          ators, officers and employees of the Senate, and other offi-
                                                                                          cers 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 Representa-




dlhill on DSK120RN23PROD with HEARING
                                                                                          tives, for Members, officers and employees of the House of




                                        VerDate Sep 11 2014   05:00 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00104   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              105

                                                                                          Representatives and other officers or employees of the legis-
                                                                                          lative 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 judi-
                                                                                          cial 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.
                                                                              § 13102. Administration of Provisions
                                                                                 (a) IN GENERAL.—The provisions of this subchapter shall be ad-
                                                                              ministered by—
                                                                                      (1) the Director of the Office of Government Ethics, the des-
                                                                                   ignated agency ethics official, or the Secretary concerned, as ap-
                                                                                   propriate, 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 appro-
                                                                                   priate, with regard to officers and employees described in para-
                                                                                   graphs (9) and (10) of section 13103(f) of this title; and
                                                                                      (3) the Judicial Conference in the case of an officer or em-
                                                                                   ployee described in paragraphs (11) and (12) of section 13103(f)
                                                                                   of this title.
                                                                                 (b) DELEGATION BY JUDICIAL CONFERENCE.—The Judicial Con-
                                                                              ference may delegate any authority it has under this subchapter to
                                                                              an ethics committee established by the Judicial Conference.
                                                                              § 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 in-
                                                                              formation described in section 13104(b) of this title unless the indi-
                                                                              vidual has left another position described in subsection (f) within 30
                                                                              days prior to assuming such new position or has already filed a re-
                                                                              port 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 posi-
                                                                                   tion as a Foreign Service Officer or a grade or rank in the uni-
                                                                                   formed 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 indi-
                                                                                   vidual 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




dlhill on DSK120RN23PROD with HEARING
                                                                                   received as of the date which occurs 5 days before the date of




                                        VerDate Sep 11 2014   05:00 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00105   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              106

                                                                                    such hearing. Nothing in this chapter shall prevent any con-
                                                                                    gressional committee from requesting, as a condition of con-
                                                                                    firmation, any additional financial information from any Presi-
                                                                                    dential 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 pub-
                                                                                    licly announced he or she intends to nominate to a position may
                                                                                    file the report required by paragraph (1) at any time after that
                                                                                    public announcement, but not later than is required under the
                                                                                    1st sentence of paragraph (1).
                                                                                 (c) REPORTS FOR CANDIDATES FOR ELECTED FEDERAL OFFICE.—
                                                                              Within 30 days of becoming a candidate as defined in section 301
                                                                              of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101), in
                                                                              a calendar year for nomination or election to the office of President,
                                                                              Vice President, or Member of Congress, or on or before May 15 of
                                                                              that calendar year, whichever is later, but in no event later than 30
                                                                              days before the election, and on or before May 15 of each successive
                                                                              year an individual continues to be a candidate, an individual other
                                                                              than an incumbent President, Vice President, or Member of Con-
                                                                              gress shall file a report containing the information described in sec-
                                                                              tion 13104(b) of this title. Notwithstanding the preceding sentence,
                                                                              in any calendar year in which an individual continues to be a can-
                                                                              didate 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 an-
                                                                              other vacancy in that office or another office during that year.
                                                                                 (d) ANNUAL REPORTS.—Any individual who is an officer or em-
                                                                              ployee described in subsection (f) during any calendar year and per-
                                                                              forms 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 suc-
                                                                              ceeding year a report containing the information described in sec-
                                                                              tion 13104(a) of this title.
                                                                                 (e) TERMINATION REPORTS.—Any individual who occupies a posi-
                                                                              tion 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 employ-
                                                                              ment in another position described in subsection (f).
                                                                                 (f) INDIVIDUALS REQUIRED TO FILE.—The officers and employees
                                                                              referred to in subsections (a), (d), and (e) are—
                                                                                       (1) the President;
                                                                                       (2) the Vice President;
                                                                                       (3) each officer or employee in the executive branch, including
                                                                                    a special Government employee, as defined in section 202 of
                                                                                    title 18, who occupies a position classified above GS–15 of the
                                                                                    General Schedule or, in the case of positions not under the Gen-
                                                                                    eral Schedule, for which the rate of basic pay is equal to or
                                                                                    greater than 120 percent of the minimum rate of basic pay pay-
                                                                                    able for GS–15 of the General Schedule; each member of a uni-
                                                                                    formed service whose pay grade is at or in excess of O–7 under




dlhill on DSK120RN23PROD with HEARING
                                                                                    section 201 of title 37; and each officer or employee in any other




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00106   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              107

                                                                                     position determined by the Director of the Office of Government
                                                                                     Ethics to be of equal classification;
                                                                                        (4) each employee appointed pursuant to section 3105 of this
                                                                                     title;
                                                                                        (5) any employee not described in paragraph (3) who is in a
                                                                                     position in the executive branch which is excepted from the com-
                                                                                     petitive service by reason of being of a confidential or policy-
                                                                                     making character, except that the Director of the Office of Gov-
                                                                                     ernment Ethics may, by regulation, exclude from the applica-
                                                                                     tion of this paragraph any individual, or group of individuals,
                                                                                     who are in such positions, but only in cases in which the Direc-
                                                                                     tor determines such exclusion would not affect adversely the in-
                                                                                     tegrity of the Government or the public’s confidence in the integ-
                                                                                     rity 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), em-
                                                                                     ployed in the Executive Office of the President (other than a spe-
                                                                                     cial Government employee) who holds a commission of appoint-
                                                                                     ment 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 sec-
                                                                                     tion 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 su-
                                                                                     pervising ethics office for each branch, but the total of such ex-
                                                                                     tensions 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 pur-
                                                                                           poses 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




dlhill on DSK120RN23PROD with HEARING
                                                                                               serving in such area.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00107   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              108

                                                                                            (B) PROCEDURES.—The Office of Government Ethics, in
                                                                                         consultation with the Secretary of Defense, may prescribe
                                                                                         procedures under this paragraph.
                                                                                 (h) EXCEPTIONS.—The provisions of subsections (a), (b), and (e)
                                                                              shall not apply to an individual who, as determined by the des-
                                                                              ignated 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 du-
                                                                              ties of the office or position for more than 60 days in a calendar
                                                                              year—
                                                                                       (1) the report required by subsections (a) and (b) shall be filed
                                                                                    within 15 days of the 60th day; and
                                                                                       (2) the report required by subsection (e) shall be filed as pro-
                                                                                    vided in that subsection.
                                                                                 (i) REQUEST FOR WAIVER.—The supervising ethics office for each
                                                                              branch may grant a publicly available request for a waiver of any
                                                                              reporting requirement under this section for an individual who is
                                                                              expected to perform or has performed the duties of the individual’s
                                                                              office or position less than 130 days in a calendar year, but only if
                                                                              the supervising ethics office determines that—
                                                                                       (1) such individual is not a full-time employee of the Govern-
                                                                                    ment;
                                                                                       (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 nec-
                                                                                    essary in the circumstances.
                                                                              § 13104. Contents of Reports
                                                                                 (a) ANNUAL AND TERMINATION REPORTS.—Each report filed pur-
                                                                              suant to section 13103(d) and (e) of this title shall include a full
                                                                              and complete statement with respect to the following:
                                                                                     (1) INCOME.—
                                                                                          (A) IN GENERAL.—The source, type, and amount or value
                                                                                       of income (other than income referred to in subparagraph
                                                                                       (B)) from any source (other than from current employment
                                                                                       by the United States Government), and the source, date,
                                                                                       and amount of honoraria from any source, received during
                                                                                       the preceding calendar year, aggregating $200 or more in
                                                                                       value and, effective January 1, 1991, the source, date, and
                                                                                       amount of payments made to charitable organizations in
                                                                                       lieu of honoraria, and the reporting individual shall simul-
                                                                                       taneously 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 pre-
                                                                                       ceding calendar year which exceeds $200 in amount or




dlhill on DSK120RN23PROD with HEARING
                                                                                       value, and an indication of which of the following cat-




                                        VerDate Sep 11 2014   05:11 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00108   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              109

                                                                                          egories the amount or value of such item of income is with-
                                                                                          in—
                                                                                                 (i) not more than $1,000;
                                                                                                 (ii) greater than $1,000 but not more than $2,500;
                                                                                                 (iii) greater than $2,500 but not more than $5,000;
                                                                                                 (iv) greater than $5,000 but not more than $15,000;
                                                                                                 (v) greater than $15,000 but not more than $50,000;
                                                                                                 (vi) greater than $50,000 but not more than
                                                                                               $100,000;
                                                                                                 (vii) greater than $100,000 but not more than
                                                                                               $1,000,000;
                                                                                                 (viii) greater than $1,000,000 but not more than
                                                                                               $5,000,000; or
                                                                                                 (ix) greater than $5,000,000.
                                                                                        (2) GIFTS AND REIMBURSEMENTS.—
                                                                                             (A) GIFTS.—The identity of the source, a brief description,
                                                                                          and the value of all gifts aggregating more than the mini-
                                                                                          mal 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 indi-
                                                                                          vidual need not be reported, and any gift with a fair mar-
                                                                                          ket 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 cal-
                                                                                          endar year.
                                                                                             (C) WAIVER.—In an unusual case, a gift need not be ag-
                                                                                          gregated under subparagraph (A) if a publicly available re-
                                                                                          quest for a waiver is granted.
                                                                                        (3) INTERESTS IN PROPERTY.—The identity and category of
                                                                                     value of any interest in property held during the preceding cal-
                                                                                     endar year in a trade or business, or for investment or the pro-
                                                                                     duction 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 depos-
                                                                                     its 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 de-
                                                                                     posit 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




dlhill on DSK120RN23PROD with HEARING
                                                                                     time during the preceding calendar year, excluding—




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00109   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              110

                                                                                            (A) any mortgage secured by real property which is a per-
                                                                                          sonal residence of the reporting individual or the individ-
                                                                                          ual’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 em-
                                                                                               ployee in the executive branch described in subsection
                                                                                               (f) of that section, other than—
                                                                                                        (I) an individual appointed to a position—
                                                                                                              (aa) as a Foreign Service Officer below the
                                                                                                           rank of ambassador; or
                                                                                                              (bb) in the uniformed services for which the
                                                                                                           pay grade prescribed by section 201 of title 37
                                                                                                           is O–6 or below; or
                                                                                                        (II) a special Government employee, as defined
                                                                                                     under section 202 of title 18; or
                                                                                                  (iii) described in section 13103(f) of this title who is
                                                                                               in a position in the executive branch the appointment
                                                                                               to which is made by the President and requires advice
                                                                                               and consent of the Senate, other than—
                                                                                                        (I) an individual appointed to a position—
                                                                                                              (aa) as a Foreign Service Officer below the
                                                                                                           rank of ambassador; or
                                                                                                              (bb) in the uniformed services for which the
                                                                                                           pay grade prescribed by section 201 of title 37
                                                                                                           is O–6 or below; or
                                                                                                        (II) a special Government employee, as defined
                                                                                                     under section 202 of title 18; and
                                                                                            (B) any loan secured by a personal motor vehicle, house-
                                                                                          hold 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 para-
                                                                                     graph.
                                                                                       (5) TRANSACTIONS.—Except as provided in this paragraph, a
                                                                                     brief description, the date, and category of value of any pur-
                                                                                     chase, 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 indi-
                                                                                          vidual’s spouse; or
                                                                                            (B) in stocks, bonds, commodities futures, and other
                                                                                          forms of securities.
                                                                                     Reporting is not required under this paragraph of any trans-
                                                                                     action solely by and between the reporting individual, the indi-
                                                                                     vidual’s spouse, or dependent children.
                                                                                       (6) POSITIONS WITH OUTSIDE ENTITIES AND MAJOR SOURCES
                                                                                     OF COMPENSATION.—
                                                                                            (A) POSITIONS WITH OUTSIDE ENTITIES.—The identity of
                                                                                          all positions held on or before the date of filing during the
                                                                                          current calendar year (and, for the first report filed by an




dlhill on DSK120RN23PROD with HEARING
                                                                                          individual, during the 2-year period preceding such cal-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00110   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              111

                                                                                       endar year) as an officer, director, trustee, partner, propri-
                                                                                       etor, representative, employee, or consultant of any corpora-
                                                                                       tion, company, firm, partnership, or other business enter-
                                                                                       prise, any nonprofit organization, any labor organization,
                                                                                       or any educational or other institution other than the
                                                                                       United States. This subparagraph shall not require the re-
                                                                                       porting of positions held in any religious, social, fraternal,
                                                                                       or political entity and positions solely of an honorary na-
                                                                                       ture.
                                                                                          (B) MAJOR SOURCES OF COMPENSATION.—If any person,
                                                                                       other than the United States Government, paid a non-
                                                                                       elected reporting individual compensation in excess of
                                                                                       $5,000 in any of the 2 calendar years prior to the calendar
                                                                                       year during which the individual files the individual’s first
                                                                                       report under this chapter, the individual shall include in
                                                                                       the report—
                                                                                               (i) the identity of each source of such compensation;
                                                                                            and
                                                                                               (ii) a brief description of the nature of the duties per-
                                                                                            formed or services rendered by the reporting individual
                                                                                            for each such source.
                                                                                  The preceding sentence shall not require any individual to in-
                                                                                  clude in such report any information which is considered con-
                                                                                  fidential as a result of a privileged relationship, established by
                                                                                  law, between such individual and any person, nor shall it re-
                                                                                  quire an individual to report any information with respect to
                                                                                  any person for whom services were provided by any firm or as-
                                                                                  sociation 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 EM-
                                                                                  PLOYMENT.—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 in-
                                                                                  formation on the total cash value of any interest in the qualified
                                                                                  blind trust.
                                                                                (b) REPORTS FOR NEW EMPLOYEES, NOMINEES, AND CAN-
                                                                              DIDATES.—
                                                                                     (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




dlhill on DSK120RN23PROD with HEARING
                                                                                       and the preceding calendar year;




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00111   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              112

                                                                                          (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 fil-
                                                                                        ing date but for periods described in such paragraphs.
                                                                                     (2) ALTERNATIVES FOR REPORTING.—
                                                                                          (A) FORMATS.—In lieu of filling out one or more sched-
                                                                                        ules of a financial disclosure form, an individual may sup-
                                                                                        ply the required information in an alternative format, pur-
                                                                                        suant 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 re-
                                                                                        porting 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 ref-
                                                                              erence to the preceding calendar year shall be considered also to in-
                                                                              clude 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 cov-
                                                                                   ered 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 indi-
                                                                                   vidual 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 para-
                                                                                   graph (3) of subsection (a) is not ascertainable without an ap-




dlhill on DSK120RN23PROD with HEARING
                                                                                   praisal, such individual may list the book value of a corpora-




                                        VerDate Sep 11 2014   05:00 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00112   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              113

                                                                                   tion whose stock is not publicly traded, the net worth of a busi-
                                                                                   ness partnership, the equity value of an individually owned
                                                                                   business, or with respect to other holdings, any recognized indi-
                                                                                   cation of value, but such individual shall include in his or her
                                                                                   report a full and complete description of the method used in de-
                                                                                   termining such value. In lieu of any value referred to in the pre-
                                                                                   ceding 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 DEPEND-
                                                                              ENT CHILD.—
                                                                                      (1) IN GENERAL.—Except as provided in the last sentence of
                                                                                   this paragraph, each report required by section 13103 of this
                                                                                   title shall also contain information listed in paragraphs (1)
                                                                                   through (5) of subsection (a) of this section respecting the spouse
                                                                                   or dependent child of the reporting individual as follows:
                                                                                           (A) SOURCE OF EARNED INCOME AND HONORARIA.—The
                                                                                        source of items of earned income earned by a spouse from
                                                                                        any person which exceed $1,000 and the source and
                                                                                        amount of any honoraria received by a spouse, except that,
                                                                                        with respect to earned income (other than honoraria), if the
                                                                                        spouse is self-employed in business or a profession, only the
                                                                                        nature of such business or profession need be reported.
                                                                                           (B) DIVIDENDS, RENTS, INTEREST, AND CAPITAL GAINS.—
                                                                                        All information required to be reported in subsection (a)
                                                                                        (1)(B) with respect to income derived by a spouse or de-
                                                                                        pendent child from any asset held by the spouse or depend-
                                                                                        ent 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 inde-
                                                                                        pendent 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 reimburse-
                                                                                        ments 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 TRANS-
                                                                                        ACTIONS.—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,




dlhill on DSK120RN23PROD with HEARING
                                                                                        and (iii) from which the reporting individual neither de-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00113   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              114

                                                                                           rives, nor expects to derive, any financial or economic ben-
                                                                                           efit.
                                                                                              (F) AMOUNTS OR VALUES GREATER THAN $1,000,000.—
                                                                                           For purposes of this section, categories with amounts or
                                                                                           values greater than $1,000,000 set forth in subsection
                                                                                           (a)(1)(B) and subsection (d)(1) shall apply to the income,
                                                                                           assets, or liabilities of spouses and dependent children only
                                                                                           if the income, assets, or liabilities are held jointly with the
                                                                                           reporting individual. All other income, assets, or liabilities
                                                                                           of the spouse or dependent children required to be reported
                                                                                           under this section in an amount or value greater than
                                                                                           $1,000,000 shall be categorized only as an amount or value
                                                                                           greater than $1,000,000.
                                                                                      Reports required by subsections (a), (b), and (c) of section 13103
                                                                                      of this title shall, with respect to the spouse and dependent
                                                                                      child of the reporting individual, contain only information list-
                                                                                      ed in paragraphs (1), (3), and (4) of subsection (a), as specified
                                                                                      in this paragraph.
                                                                                         (2) SEPARATED SPOUSE.—No report shall be required with re-
                                                                                      spect to a spouse living separate and apart from the reporting
                                                                                      individual with the intention of terminating the marriage or
                                                                                      providing for permanent separation; or with respect to any in-
                                                                                      come or obligations of an individual arising from the dissolu-
                                                                                      tion 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 in-
                                                                                      come 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 sub-
                                                                                      section (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,




dlhill on DSK120RN23PROD with HEARING
                                                                                      or any minor or dependent child has a beneficial interest in the




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00114   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              115

                                                                                     principal or income, and which meets the following require-
                                                                                     ments:
                                                                                           (A) TRUSTEE.—
                                                                                                (i) The trustee of the trust and any other entity des-
                                                                                              ignated 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 adminis-
                                                                                                   tration of the trust by any interested party; and
                                                                                                      (II) is not and has not been an employee of or af-
                                                                                                   filiated with any interested party and is not a
                                                                                                   partner of, or involved in any joint venture or other
                                                                                                   investment with, any interested party; and
                                                                                                      (III) is not a relative of any interested party.
                                                                                                (ii) Any officer or employee of a trustee or other entity
                                                                                              who is involved in the management or control of the
                                                                                              trust—
                                                                                                      (I) is independent of and not associated with any
                                                                                                   interested party so that such officer or employee
                                                                                                   cannot be controlled or influenced in the adminis-
                                                                                                   tration 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 ex-
                                                                                         pressly approved by the supervising ethics office of the re-
                                                                                         porting individual.
                                                                                           (C) TRUST INSTRUMENT.—The trust instrument which es-
                                                                                         tablishes 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 con-
                                                                                              trol the assets of the trust shall not consult or notify
                                                                                              any interested party;
                                                                                                (ii) the trust shall not contain any asset the holding
                                                                                              of which by an interested party is prohibited by any
                                                                                              law or regulation;
                                                                                                (iii) the trustee shall promptly notify the reporting
                                                                                              individual and the reporting individual’s supervising
                                                                                              ethics office when the holdings of any particular asset
                                                                                              transferred to the trust by any interested party are dis-
                                                                                              posed 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




dlhill on DSK120RN23PROD with HEARING
                                                                                              be disclosed to any interested party;




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00115   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              116

                                                                                                   (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 re-
                                                                                                spect to the total cash value of the interest of the inter-
                                                                                                ested 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 sub-
                                                                                                section (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 communica-
                                                                                                tion is in writing and unless it relates only (I) to the
                                                                                                general financial interest and needs of the interested
                                                                                                party (including, but not limited to, an interest in
                                                                                                maximizing income or long- term capital gain), (II) to
                                                                                                the notification of the trustee of a law or regulation
                                                                                                subsequently applicable to the reporting individual
                                                                                                which prohibits the interested party from holding an
                                                                                                asset, which notification directs that the asset not be
                                                                                                held by the trust, or (III) to directions to the trustee to
                                                                                                sell all of an asset initially placed in the trust by an
                                                                                                interested party which in the determination of the re-
                                                                                                porting individual creates a conflict of interest or the
                                                                                                appearance thereof due to the subsequent assumption
                                                                                                of duties by the reporting individual (but nothing here-
                                                                                                in shall require any such direction); and
                                                                                                   (vii) the interested parties shall make no effort to ob-
                                                                                                tain information with respect to the holdings of the
                                                                                                trust, including obtaining a copy of any trust tax re-
                                                                                                turn filed or any information relating thereto except as
                                                                                                otherwise provided in this subsection.
                                                                                             (D) APPROVAL BY SUPERVISING ETHICS OFFICE.—The pro-
                                                                                          posed trust instrument and the proposed trustee are ap-
                                                                                          proved by the reporting individual’s supervising ethics of-
                                                                                          fice.
                                                                                             (E) DEFINITIONS.—For purposes of this subsection, ‘‘inter-
                                                                                          ested 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 Ex-
                                                                                          change Act of 1934 (15 U.S.C. 78c(a) (4)); and ‘‘investment
                                                                                          adviser’’ includes any investment adviser who, as deter-
                                                                                          mined under regulations prescribed by the supervising eth-
                                                                                          ics office, is generally involved in the role as such an ad-
                                                                                          viser in the management or control of trusts.
                                                                                             (F) TRUST QUALIFIED BEFORE EFFECTIVE DATE OF TITLE
                                                                                          II OF ETHICS REFORM ACT OF 1989.—Any trust qualified by
                                                                                          a supervising ethics office before the effective date of title II
                                                                                          of the Ethics Reform Act of 1989 shall continue to be gov-
                                                                                          erned by the law and regulations in effect immediately be-
                                                                                          fore such effective date.




dlhill on DSK120RN23PROD with HEARING
                                                                                        (4) TRUST ASSET CONSIDERED FINANCIAL INTEREST.—




                                        VerDate Sep 11 2014   05:00 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00116   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              117

                                                                                             (A) IN GENERAL.—An asset placed in a trust by an inter-
                                                                                          ested 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 Fed-
                                                                                          eral 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 eth-
                                                                                               ics office for such reporting individual finds that—
                                                                                                        (I) the assets placed in the trust consist of a well-
                                                                                                     diversified portfolio of readily marketable securi-
                                                                                                     ties;
                                                                                                        (II) none of the assets consist of securities of enti-
                                                                                                     ties having substantial activities in the area of the
                                                                                                     reporting individual’s primary area of responsi-
                                                                                                     bility;
                                                                                                        (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, not-
                                                                                                     withstanding the provisions of paragraph (3)(C)(v)
                                                                                                     of this subsection, to prepare on behalf of any in-
                                                                                                     terested party the personal income tax returns and
                                                                                                     similar returns which may contain information re-
                                                                                                     lating to the trust; and
                                                                                                        (V) except as otherwise provided in this para-
                                                                                                     graph, 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 amend-
                                                                                                     ment, 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 com-
                                                                                               mittee, the reporting individual shall inform the con-
                                                                                               gressional committee considering the individual’s nom-
                                                                                               ination before or during the period of such individual’s
                                                                                               confirmation hearing of the individual’s intention to
                                                                                               comply with this paragraph.
                                                                                        (5) NOTIFICATION.—
                                                                                             (A) COPIES.—The reporting individual shall, within 30
                                                                                          days after a qualified blind trust is approved by the indi-
                                                                                          vidual’s supervising ethics office, file with such office a copy




dlhill on DSK120RN23PROD with HEARING
                                                                                          of—




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00117   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              118

                                                                                                  (i) the executed trust instrument of such trust (other
                                                                                               than those provisions which relate to the testamentary
                                                                                               disposition of the trust assets); and
                                                                                                  (ii) a list of the assets which were transferred to such
                                                                                               trust, including the category of value of each asset as
                                                                                               determined under subsection (d) of this section.
                                                                                          This subparagraph shall not apply with respect to a trust
                                                                                          meeting the requirements for being considered a qualified
                                                                                          blind trust under paragraph (7) of this subsection.
                                                                                            (B) TRANSFER OF ASSET.—The reporting individual shall,
                                                                                          within 30 days of transferring an asset (other than cash) to
                                                                                          a previously established qualified blind trust, notify the in-
                                                                                          dividual’s supervising ethics office of the identity of each
                                                                                          such asset and the category of value of each asset as deter-
                                                                                          mined under subsection (d) of this section.
                                                                                            (C) DISSOLUTION.—Within 30 days of the dissolution of
                                                                                          a qualified blind trust, a reporting individual shall—
                                                                                                  (i) notify the individual’s supervising ethics office of
                                                                                               such dissolution; and
                                                                                                  (ii) file with such office a copy of a list of the assets
                                                                                               of the trust at the time of such dissolution and the cat-
                                                                                               egory of value under subsection (d) of this section of
                                                                                               each such asset.
                                                                                            (D) DOCUMENTS AVAILABLE TO PUBLIC.—Documents filed
                                                                                          under subparagraphs (A), (B), and (C) of this paragraph
                                                                                          and the lists provided by the trustee of assets placed in the
                                                                                          trust by an interested party which have been sold shall be
                                                                                          made available to the public in the same manner as a re-
                                                                                          port 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 super-
                                                                                          vising ethics office within 5 days of the date of the commu-
                                                                                          nication.
                                                                                     (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 re-
                                                                                               spect 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 sub-
                                                                                               section.
                                                                                            (B) REPORTING INDIVIDUALS.—A reporting individual
                                                                                          shall not knowingly and willfully, or negligently—
                                                                                                  (i) solicit or receive any information with respect to




dlhill on DSK120RN23PROD with HEARING
                                                                                               a qualified blind trust of which the reporting indi-




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00118   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              119

                                                                                              vidual 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 sub-
                                                                                              section.
                                                                                            (C) CIVIL ACTIONS FOR VIOLATIONS.—
                                                                                                 (i) KNOWING AND WILLFUL VIOLATIONS.—The Attor-
                                                                                              ney General may bring a civil action in any appro-
                                                                                              priate United States district court against any indi-
                                                                                              vidual who knowingly and willfully violates the provi-
                                                                                              sions 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 neg-
                                                                                              ligently violates the provisions of subparagraph (A) or
                                                                                              (B) of this paragraph. The court in which such action
                                                                                              is brought may assess against such individual a civil
                                                                                              penalty in any amount not to exceed $5,000.
                                                                                       (7) TRUST CONSIDERED TO BE QUALIFIED BLIND TRUST.—Any
                                                                                     trust may be considered to be a qualified blind trust if—
                                                                                            (A) the trust instrument is amended to comply with the
                                                                                         requirements of paragraph (3) or, in the case of a trust in-
                                                                                         strument which does not by its terms permit amendment,
                                                                                         the trustee, the reporting individual, and any other inter-
                                                                                         ested party agree in writing that the trust shall be adminis-
                                                                                         tered in accordance with the requirements of this subsection
                                                                                         and the trustee of such trust meets the requirements of
                                                                                         paragraph (3)(A); except that in the case of any interested
                                                                                         party who is a dependent child, a parent or guardian of
                                                                                         such child may execute the agreement referred to in this
                                                                                         subparagraph;
                                                                                            (B) a copy of the trust instrument (except testamentary
                                                                                         provisions) and a copy of the agreement referred to in sub-
                                                                                         paragraph (A), and a list of the assets held by the trust at
                                                                                         the time of approval by the supervising ethics office, includ-
                                                                                         ing the category of value of each asset as determined under
                                                                                         subsection (d) of this section, are filed with such office and
                                                                                         made available to the public as provided under paragraph
                                                                                         (5)(D) of this subsection; and
                                                                                            (C) the supervising ethics office determines that approval
                                                                                         of the trust arrangement as a qualified blind trust is in the
                                                                                         particular case appropriate to assure compliance with ap-
                                                                                         plicable 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 com-
                                                                                     pensation plan, or other investment fund)—
                                                                                            (A) if—
                                                                                                 (i) the fund is publicly traded; or




dlhill on DSK120RN23PROD with HEARING
                                                                                                 (ii) the assets of the fund are widely diversified; and




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00119   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              120

                                                                                           (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, in-
                                                                              cluding 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 reim-
                                                                              bursements 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 indi-
                                                                              vidual 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.).
                                                                              § 13105. Filing of Reports
                                                                                 (a) REPORTS FILED WITH DESIGNATED AGENCY ETHICS OFFI-
                                                                              CIAL.— Except as otherwise provided in this section, the reports re-
                                                                              quired under this subchapter shall be filed by the reporting indi-
                                                                              vidual with the designated agency ethics official at the agency by
                                                                              which the reporting individual is employed (or in the case of an in-
                                                                              dividual 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 coun-
                                                                              sel and persons appointed by independent counsel under chapter 40
                                                                              of title 28, shall file reports required under this subchapter with the
                                                                              Director of the Office of Government Ethics.
                                                                                 (c) COPIES OF REPORTS TRANSMITTED TO THE OFFICE OF GOVERN-
                                                                              MENT ETHICS.—Copies of the reports required to be filed under this
                                                                              subchapter by the Postmaster General, the Deputy Postmaster Gen-
                                                                              eral, the Governors of the Board of Governors of the United States
                                                                              Postal Service, designated agency ethics officials, employees de-
                                                                              scribed 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 nomi-
                                                                              nated to be judicial officers and those referred to in subsection (f)
                                                                              shall be transmitted to the Director of the Office of Government Eth-
                                                                              ics. The Director shall forward a copy of the report of each nominee




dlhill on DSK120RN23PROD with HEARING
                                                                              to the congressional committee considering the nomination.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00120   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              121

                                                                                (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 can-
                                                                              didate 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 re-
                                                                              quired 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 re-
                                                                              quired 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 indi-
                                                                                                 vidual with the Clerk of the House of Representa-
                                                                                                 tives, in the case of a Representative in Congress,
                                                                                                 a Delegate to Congress, the Resident Commissioner
                                                                                                 from Puerto Rico, an officer or employee of the
                                                                                                 Congress whose compensation is disbursed by the
                                                                                                 Chief Administrative Officer of the House of Rep-
                                                                                                 resentatives, 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 sub-
                                                                                                 chapter 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 Govern-
                                                                                                 ment Accountability Office, the Office of Tech-
                                                                                                 nology 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




dlhill on DSK120RN23PROD with HEARING
                                                                                                 an individual described in section 13103(c) of this




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00121   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              122

                                                                                                     title who is a candidate for nomination or election
                                                                                                     as a Senator.
                                                                                                  (ii) OTHER REPORTS.—In the case of an officer or em-
                                                                                                ployee 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 com-
                                                                                                     mittee, the Secretary of the Senate for agencies and
                                                                                                     commissions established in even numbered cal-
                                                                                                     endar years, and the Clerk of the House of Rep-
                                                                                                     resentatives for agencies and commissions estab-
                                                                                                     lished in odd numbered calendar years.
                                                                                              (B) REPORTS FILED WITH JUDICIAL CONFERENCE.—The re-
                                                                                           ports required under this subchapter shall be filed by a re-
                                                                                           porting individual with the Judicial Conference with re-
                                                                                           gard to a judicial officer or employee described under para-
                                                                                           graphs (11) and (12) of section 13103(f) of this title (includ-
                                                                                           ing individuals terminating service in such office or posi-
                                                                                           tion under section 13103(e) of this title or immediately pre-
                                                                                           ceding service in such office or position).
                                                                                         (2) DATE REPORT RECEIVED.—The date any report is received
                                                                                      (and the date of receipt of any supplemental report) shall be
                                                                                      noted on such report by such committee.
                                                                                   (i) COPIES OF REPORTS TO STATE OFFICERS.—
                                                                                         (1) IN GENERAL.—A copy of each report filed under this sub-
                                                                                      chapter 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 re-
                                                                                      quirements 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 sys-
                                                                                      tems developed by the Secretary and Sergeant at Arms of the
                                                                                      Senate and the Clerk of the House of Representatives under sec-
                                                                                      tion 8(b) of the STOCK Act.
                                                                                   (j) COPIES OF REPORTS TO ETHICS COMMITTEES.—
                                                                                         (1) HOUSE OF REPRESENTATIVES.—A copy of each report filed
                                                                                      under this subchapter with the Clerk of the House of Represent-
                                                                                      atives shall be sent by the Clerk to the Committee on Ethics of
                                                                                      the House of Representatives within the 7-day period beginning




dlhill on DSK120RN23PROD with HEARING
                                                                                      on the day the report is filed.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00122   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              123

                                                                                       (2) SENATE.—A copy of each report filed under this sub-
                                                                                    chapter with the Secretary of the Senate shall be sent by the
                                                                                    Secretary to the Select Committee on Ethics of the Senate with-
                                                                                    in 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 can-
                                                                              didates for office, the Clerk of the House of Representatives and the
                                                                              Secretary of the Senate shall avail themselves of the assistance of
                                                                              the Federal Election Commission. The Commission shall make
                                                                              available to the Clerk and the Secretary on a regular basis a com-
                                                                              plete 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 Sec-
                                                                              retary to the greatest extent possible.
                                                                                 (l) PERIODIC TRANSACTION REPORTS.—Not later than 30 days
                                                                              after receiving notification of any transaction required to be re-
                                                                              ported under section 13104(a)(5)(B of this title, but in no case later
                                                                              than 45 days after such transaction, the following persons, if re-
                                                                              quired 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, includ-
                                                                                    ing 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 Gen-
                                                                                    eral Schedule, for which the rate of basic pay is equal to or
                                                                                    greater than 120 percent of the minimum rate of basic pay pay-
                                                                                    able for GS—15 of the General Schedule; each member of a uni-
                                                                                    formed service whose pay grade is at or in excess of O–7 under
                                                                                    section 201 of title 37; and each officer or employee in any other
                                                                                    position determined by the Director of the Office of Government
                                                                                    Ethics to be of equal classification.
                                                                                       (4) Each employee appointed pursuant to section 3105 of this
                                                                                    title.
                                                                                       (5) Any employee not described in paragraph (3) who is in a
                                                                                    position in the executive branch which is excepted from the com-
                                                                                    petitive service by reason of being of a confidential or policy-
                                                                                    making character, except that the Director of the Office of Gov-
                                                                                    ernment Ethics may, by regulation, exclude from the applica-
                                                                                    tion of this paragraph any individual, or group of individuals,
                                                                                    who are in such positions, but only in cases in which the Direc-
                                                                                    tor determines such exclusion would not affect adversely the in-
                                                                                    tegrity of the Government or the public’s confidence in the integ-
                                                                                    rity 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




dlhill on DSK120RN23PROD with HEARING
                                                                                    designated agency ethics official.




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00123   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              124

                                                                                       (8) Any civilian employee not described in paragraph (3), em-
                                                                                     ployed in the Executive Office of the President (other than a spe-
                                                                                     cial 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.
                                                                              § 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 re-
                                                                                             quired to report under section 13104 of this title; and
                                                                                                (ii) fail to file or report any information that such
                                                                                             person is required to report under section 13104 of this
                                                                                             title.
                                                                                         (B) PENALTIES.—Any person who—
                                                                                                (i) violates subparagraph (A)(i) shall be fined under
                                                                                             title 18, imprisoned for not more than 1 year, or both;
                                                                                             and
                                                                                                (ii) violates subparagraph (A)(ii) shall be fined under
                                                                                             title 18.
                                                                                 (b) REFERRAL TO ATTORNEY GENERAL.—The head of each agency,
                                                                              each Secretary concerned, the Director of the Office of Government
                                                                              Ethics, each congressional ethics committee, or the Judicial Con-
                                                                              ference, as the case may be, shall refer to the Attorney General the
                                                                              name of any individual which such official or committee has rea-
                                                                              sonable cause to believe has willfully failed to file a report or has
                                                                              willfully falsified or willfully failed to file information required to
                                                                              be reported. Whenever the Judicial Conference refers a name to the
                                                                              Attorney General under this subsection, the Judicial Conference also
                                                                              shall notify the judicial council of the circuit in which the named
                                                                              individual serves of the referral.
                                                                                 (c) PERSONNEL ACTION.—The President, the Vice President, the
                                                                              Secretary concerned, the head of each agency, the Office of Personnel
                                                                              Management, a congressional ethics committee, and the Judicial
                                                                              Conference, may take any appropriate personnel or other action in
                                                                              accordance with applicable law or regulation against any indi-
                                                                              vidual failing to file a report or falsifying or failing to report infor-
                                                                              mation 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




dlhill on DSK120RN23PROD with HEARING
                                                                                    later of—




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00124   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              125

                                                                                             (A) the date such report is required to be filed pursuant
                                                                                          to the provisions of this subchapter and the rules and regu-
                                                                                          lations 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 pay-
                                                                                     ment 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 fil-
                                                                                     ing fee under this subsection in extraordinary circumstances.
                                                                              § 13107. Custody of and Public Access to Reports
                                                                                 (a) AVAILABILITY OF REPORTS TO PUBLIC.—Each agency, each su-
                                                                              pervising 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 of-
                                                                              fice or with the Clerk or the Secretary of the Senate, except that—
                                                                                      (1) this section does not require public availability of a report
                                                                                   filed by any individual in the Office of the Director of National
                                                                                   Intelligence, the Central Intelligence Agency, the Defense Intel-
                                                                                   ligence Agency, the National Geospatial-Intelligence Agency, or
                                                                                   the National Security Agency, or any individual engaged in in-
                                                                                   telligence activities in any agency of the United States, if the
                                                                                   President finds or has found that, due to the nature of the office
                                                                                   or position occupied by such individual, public disclosure of
                                                                                   such report would, by revealing the identity of the individual or
                                                                                   other sensitive information, compromise the national interest of
                                                                                   the United States; and such individuals may be authorized,
                                                                                   notwithstanding section 13106(a) of this title, to file such addi-
                                                                                   tional 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 chap-
                                                                                   ter 40 of title 28, and any report filed by any person appointed
                                                                                   by that independent counsel under such chapter, shall not be
                                                                                   made available to the public under this subchapter.
                                                                                 (b) INSPECTION OF REPORTS.—
                                                                                      (1) IN GENERAL.—Except as provided in the second sentence
                                                                                   of this subsection, each agency, each supervising ethics office in
                                                                                   the executive or judicial branch, the Clerk of the House of Rep-
                                                                                   resentatives, 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 fur-
                                                                                   nish a copy of such report to any person requesting such inspec-
                                                                                   tion or copy. With respect to any report required to be filed by
                                                                                   May 15 of any year, such report shall be made available for




dlhill on DSK120RN23PROD with HEARING
                                                                                   public inspection within 30 calendar days after May 15 of such




                                        VerDate Sep 11 2014   02:35 Dec 24, 2021   Jkt 029006   PO 00000   Frm 00125   Fmt 6659   Sfmt 6603   E:\HR\OC\HR193.XXX   HR193
                                                                                                                              126

                                                                                     year or within 30 days of the date of filing of such a report for
                                                                                     which an extension is granted pursuant to section 13103(g) of
                                                                                     this title. The agency, office, Clerk, or Secretary of the Senate,
                                                                                     as the case may be, may require a reasonable fee to be paid in
                                                                                     any amount which is found necessary to recover the cost of re-
                                                                                     production or mailing of such report excluding any salary of
                                                                                     any employee involved in such reproduction or mailing. A copy
                                                                                     of such report may be furnished without charge or at a reduced
                                                                                     charge if it is determined that waiver or reduction of the fee is
                                                                                     in the public interest.
                                                                                       (2) PROCEDURE FOR REQUESTING REPORTS.—Notwithstanding
                                                                                     paragraph (1), a report may not be made available under this
                                                                                     section to any person nor may any copy of the report be pro-
                                                                                     vided under this section to any person except upon a written ap-
                                                                                     plication by such person stating—
                                                                                             (A) that person’s name, occupation, and address;
                                                                                             (B) the name and address of any other person or organi-
                                                                                          zation on whose behalf the inspection or copy is requested;
                                                                                          and
                                                                                             (C) that such person is aware of the prohibitions on the
                                                                                          obtaining or use of the report.
                                                                                     Any such application shall be made available to the public
                                                                                     throughout the period during which the report is made avail-
                                                                                     able to the public.
                                                                                       (3) JUDICIAL EMPLOYEES AND OFFICERS.—
                                                                                             (A) IN GENERAL.—This section does not require the imme-
                                                                                          diate and unconditional availability of reports filed by an
                                                                                          individual described in paragraph (9) or (10) of section
                                                                                          13101 of this title if a finding is made by the Judicial Con-
                                                                                          ference, 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 indi-
                                                                                               vidual; and
                                                                                                  (ii) for as long as the danger to such individual ex-
                                                                                               ists.
                                                                                             (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;

Full text truncated for size; the complete document is in the PDF above.

File and source

File
CRPT_crpt-117hrpt193_crpt-117hrpt193.pdf
Size
1,710,869 bytes
SHA-256
82b05781aaa4b3c8da8981bcb316e96561a051cb76c2da3c930ead138273a81c
Our copy
CRPT_crpt-117hrpt193_crpt-117hrpt193.pdf
Original
www.govinfo.gov
Back to top