Reorganization Plans

403

§ 1. Short title

ACT REFERRED TO IN OTHER SECTIONS

The Federal Advisory Committee Act is referred to in sections 562, 565 of this title; title 7 sections 87j, 450i, 511d, 1725, 2008, 2020, 2026, 2204b, 2286, 3152, 5872, 6518; title 8 section 1356; title 10 sections 410, 946; title 12 sections 1441a, 1708, 1831h, 2246; title 15 sections 78k-1, 78q-1, 776, 2080, 4802, 4806; title 16 sections 410nn-3, 410pp-4, 410tt-4, 460vv-12, 460ww-5, 463, 470q, 541g, 1421c, 1445a, 1533, 1612, 1852, 3602, 3632, 4403; title 18 section 208; title 19 sections 2155, 2605; title 20 sections 80q-10, 1098, 1098a, 1213c, 1221e-1, 2403, 2466a, 2831; title 22 sections 2124b, 2194b, 4356, 4833, 5422; title 24 section 225b; title 29 section 1302; title 31 section 5135; title 33 sections 2251, 2319; title 38 section 7314; title 42 sections 282, 285g-4, 300v-3, 2210, 2486h, 3788, 5816, 6374c, 7234, 7492, 7506a, 10173b, 10248, 13478; title 43 sections 1475a, 1600b, 1739, 1753; title 44 section 2701; title 45 sections 431, 1116, 1212; title 46 section 4508; title 46 App. section 1295b; title 47 section 332; title 49 App. sections 1819, 1903; title 50 App. section 2158.

§ 3. Definitions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1219; title 12 section 1441a.

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2284. § 7. Responsibilities of the Administrator of General Services; Committee Management Secretariat, establishment; review; recommendations to President and Congress; agency cooperation; performance guidelines; uniform pay guidelines; travel expenses; expense recommendations

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY

RATES

References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General

Page 365

Schedule, to be considered references to rates payable under specified sections of this title, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 568 of this title.

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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 566 of this title; title 15 section 4806; title 19 sections 2155, 2605; title 20 section 1233h; title 30 section 1229; title 42 sections 1395ww, 6273, 7704; title 46 section 4508.

§ 11. Availability of transcripts; "agency proceeding"

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 4806; title 19 sections 2155, 2605; title 42 section 6273.

§ 14. Termination of advisory committees; renewal; continuation

EXECUTIVE ORDER No. 12610

Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under this section.

EXECUTIVE ORDER NO. 12692

Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, as amended by Ex. Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12774, § 4, Sept. 27, 1991, 56 F.R. 49835, formerly set out as a note under this section.

EXECUTIVE ORDER NO. 12774

Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12869, § 5, Sept. 30, 1993, 58 F.R. 51751, set out below. Ex. ORD. NO. 12838. TERMINATION AND LIMITATION OF FEDERAL ADVISORY COMMITTEES

Ex. Ord. No. 12838, Feb. 10, 1993, 58 F.R. 8207, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act ("FACA"), as amended (5 U.S.C. App.), it is hereby ordered as follows:

SECTION 1. Each executive department and agency shall terminate not less than one-third of the advisory committees subject to FACA (and not required by statute) that are sponsored by the department or agency by no later than the end of fiscal year 1993.

SEC. 2. Within 90 days, the head of each executive department and agency shall submit to the Director of the Office of Management and Budget, for each advisory committee subject to FACA sponsored by that department or agency: (a) a detailed justification for the continued existence, or a brief description in support of the termination, of any advisory committee not required by statute; and (b) a detailed recommendation for submission to the Congress to continue or to terminate any advisory committee required by statute. The Administrator of General Services shall prepare such justifications and recommendations for each advisory committee subject to FACA and not sponsored by a department or agency.

SEC. 3. Effective immediately, executive departments and agencies shall not create or sponsor a new advisory committee subject to FACA unless the committee is required by statute or the agency head (a) finds that compelling considerations necessitate creation of such a committee, and (b) receives the approval of the Director of the Office of Management and Budget. Such approval shall be granted only sparingly and only if compelled by considerations of national security, health or safety, or similar national interests. These requirements shall apply in addition to the notice and other approval requirements of FACA.

SEC. 4. The Director of the Office of Management and Budget shall issue detailed instructions regarding the implementation of this order, including exemptions necessary for the delivery of essential services and compliance with applicable law.

SEC. 5. All independent regulatory commissions and agencies are requested to comply with the provisions of this order.

WILLIAM J. CLINTON.

Ex. ORD. NO. 12869. CONTINUANCE OF CERTAIN FEDERAL ADVISORY COMMITTEES

Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, as amended by Ex. Ord. No. 12882, § 4(c), Nov. 23, 1993, 58 F.R. 62493, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows:

SECTION 1. Each advisory committee listed below is continued until September 30, 1995:

(a) Committee for the Preservation of the White House; Executive Order No. 11145, as amended (Department of the Interior) (3 U.S.C. 110 note];

(b) Federal Advisory Council on Occupational Safety and Health; Executive Order No. 12196, as amended (Department of Labor) [5 U.S.C. 7902 note];

(c) President's Commission on White House Fellowships; Executive Order No. 11183, as amended (Office of Personnel Management);

(d) President's Committee on the Arts and Humanities; Executive Order No. 12367, as amended (National Endowment for the Arts);

(e) President's Committee on the International Labor Organization; Executive Order No. 12216 (Department of Labor) [22 U.S.C. 271 note];

(f) President's Committee on Mental Retardation; Executive Order No. 11776, as amended (Department of Health and Human Services) [42 U.S.C. note prec. 6000];

(g) President's Committee on the National Medal of Science; Executive Order No. 11287, as amended (National Science Foundation) [42 U.S.C. 1881 note];

(h) President's Council on Physical Fitness and Sports; Executive Order No. 12345, as amended (Department of Health and Human Services) [42 U.S.C. 300u-5 note];

(i) President's Export Council; Executive Order No. 12131, as amended (Department of Commerce) [50 App. U.S.C. 2401 note]; and

(j) President's National Security Telecommunications Advisory Committee; Executive Order No. 12382, as amended (Department of Defense).

SEC. 2. [Revoked by Ex. Ord. No. 12882, § 4(c), Nov. 23, 1993, 58 F.R. 62493.]

SEC. 3. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in sections 1 and 2 of this order, except that of reporting annually to the Congress, shall be performed by the head of the department or agency designated after each committee, in accordance with the guidelines and procedures established by the Administrator of General Services.

SEC. 4. The following Executive orders or sections thereof, which established committees that have terminated or whose work is completed, are revoked:

(a) Executive Order No. 12792, establishing the National Commission on America's Urban Families;

(b) Executive Order No. 12813, as amended by Executive Order No. 12815, establishing the President's Commission on the Management of the Agency for International Development (AID) Programs;

(c) Executive Order No. 12720, as amended by Executive Order No. 12783, establishing the President's Council on Rural America;

(d) Executive Order No. 12696, as amended by Executive Order No. 12756, establishing the President's Drug Advisory Council;

(e) Executive Order No. 12687, as amended by Executive Orders Nos. 12741 and 12785, establishing the President's Education Policy Advisory Committee; and (f) Section 5 of Executive Order No. 12675 [42 U.S.C. 2451 note), establishing the Vice President's Space Policy Advisory Board.

SEC. 5. Executive Order No. 12774 is superseded. SEC. 6. This order shall be effective September 30, 1993.

WILLIAM J. CLINTON.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8473 of this title; title 7 sections 5843, 5853; title 15 section 4603; title 16 sections la-14, 410nn-3, 41000-5, 410qq-2, 410ww-21, 430g-8, 460ww-5, 463, 1274; title 20 section 5508; title 21 sections 360c, 360j; title 29 sections 765, 1142; title 33 section 2251; title 42 sections 218, 254j, 299c, 299c-1, 300d-1, 300j-5, 300v-3, 2471a, 11221, 126531, 13458; title 44 section 2701; title 49 App. section 1353.

§ 1. Short title

ACT REFERRED TO IN OTHER SECTIONS The Inspector General Act of 1978 is referred to in title 10 sections 133, 141, 1034, 3020, 5020, 8020; title 20 sections 1082, 3412, 3422; title 22 sections 2593, 2877, 3929, 4861; title 29 sections 49h, 1574, 1575; title 31 sections 902, 3521, 3801, 3808, 9105; title 38 sections 312, 7366; title 41 section 422; title 42 section 9651; title 48 sections 1422d, 1599, 1668, 1681b.

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

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 22 section 4861; title 42 section 8262f.

§ 3. Appointment of Inspector General; supervision; removal; political activities; appointment of Assistant Inspector General for Auditing and Assistant Inspector General for Investigations TRANSITIONAL PROVISIONS RELATING TO APPOINTMENT OF INSPECTOR GENERAL OF FEDERAL DEPOSIT INSURANCE CORPORATION

Pub. L. 103-204, § 23(c), Dec. 17, 1993, 107 Stat. 2408, provided that:

“(1) CURRENT SERVICE.-Except as otherwise provided by law, the individual serving as the Inspector General of the Federal Deposit Insurance Corporation before the date of enactment of this Act [Dec. 17, 1993] may continue to serve in such position until the earlier of—

"(A) the date on which the President appoints a successor under section 3(a) of the Inspector General Act of 1978 [subsec. (a) of this section]; or

"(B) the date which is 6 months after the date of enactment of this Act.

"(2) DEFINITION.-For purposes of paragraph (1), the term 'successor' may include the individual holding the position of Inspector General of the Federal Deposit Insurance Corporation on or after the date of enactment of this Act."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 141; title 12 section 1441a.

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

[See main edition for text of (a)]

(b) [See main edition for text of (1)]

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(2) For purposes of determining compliance with paragraph (1)(A) with respect to whether internal quality controls are in place and operating and whether established audit standards, policies, and procedures are being followed by Offices of Inspector General of establishments defined under section 11(2), Offices of Inspector General of designated Federal entities defined under section 8F(a)(2),1 and any audit office established within a Federal entity defined under section 8F(a)(1),1 reviews shall be performed exclusively by an audit entity in the Federal Government, including the General Accounting Office or the Office of Inspector General of each establishment defined under section 11(2), or the Office of Inspector General of each designated Federal entity defined under section 8F(a)(2).1

[See main edition for text of (c) and (d)] (As amended Pub. L. 103-82, title II, § 202(g)(5)(A), Sept. 21, 1993, 107 Stat. 890.)

REFERENCES IN TEXT

Section 8F, referred to in subsec. (b)(2), which related to requirements for Federal entities and designated Federal entities, was renumbered section 8G by Pub. L. 103-204, § 23(a)(3), Dec. 17, 1993, 107 Stat. 2408.

AMENDMENTS

1993-Subsec. (b)(2). Pub. L. 103-82 substituted "section 8F(a)(2), and any" for "section 8E(a)(2), and any", "section 8F(a)(1)" for "section 8E(a)(1)", and "section 8F(a)(2).” for “section 8E(a)(2).”

EFFECTIVE DATE OF 1993 AmendmenT Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 202(i) of Pub. L. 103-82, set out as an Effective Date note under section 12651 of Title 42, The Public Health and Welfare.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 7366; title 44 section 3903.

'See References in Text note below.

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

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of this title, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2270; title 20 section 1082; title 22 section 3929; title 38 section 7366; title 44 section 3903.

§ 8C. Special provisions concerning the Federal Deposit Insurance Corporation

(a) DELEGATION.—The Chairperson of the Federal Deposit Insurance Corporation may delegate the authority specified in the second sentence of section 3(a) to the Vice Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation, but may not delegate such authority to any other officer or employee of the Corporation.

(b) PERSONNEL.-Notwithstanding paragraphs (7) and (8) of section 6(a), the Inspector General of the Federal Deposit Insurance Corporation may select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General and to obtain the temporary or intermittent services of experts or consultants or an organization of experts or consultants, subject to the applicable laws and regulations that govern such selections, appointments, and employment, and the obtaining of such services, within the Federal Deposit Insurance Corporation.

(Pub. L. 95-452, § 8C, as added Pub. L. 103-204, § 23(a)(2), Dec. 17, 1993, 107 Stat. 2407.)

PRIOR PROVISIONS

A prior section 8C of the Inspector General Act of 1978 was renumbered section 8D by Pub. L. 103-204. § 8D. Special provisions concerning the Department of the Treasury

(a)(1) Notwithstanding the last two sentences of section 3(a), the Inspector General shall be under the authority, direction, and control of the Secretary of the Treasury with respect to audits or investigations, or the issuance of subpenas, which require access to sensitive information concerning

(A) ongoing criminal investigations or proceedings;

(B) undercover operations;

(C) the identity of confidential sources, including protected witnesses;

(D) deliberations and decisions on policy matters, including documented information used as a basis for making policy decisions, the disclosure of which could reasonably be expected to have a significant influence on the economy or market behavior;

(E) intelligence or counterintelligence matters; or

(F) other matters the disclosure of which would constitute a serious threat to national security or to the protection of any person or property authorized protection by section 3056 of title 18, United States Code, section 202 of title 3, United States Code, or any provision of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note; Public Law 94-524).

(2) With respect to the information described under paragraph (1), the Secretary of the Treasury may prohibit the Inspector General from carrying out or completing any audit or investigation, or from issuing any subpena, after such Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpena, if the Secretary determines that such prohibition is necessary to prevent the disclosure of any information described under paragraph (1) or to prevent significant impairment to the national interests of the United States.

(3) If the Secretary of the Treasury exercises any power under paragraph (1) or (2), the Secretary of the Treasury shall notify the Inspector General in writing stating the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General shall transmit a copy of such notice to the Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Operations and Ways and Means of the House of Representatives, and to other appropriate committees or subcommittees of the Congress.

(b) In carrying out the duties and responsibilities specified in this Act, the Inspector General of the Department of the Treasury shall have oversight responsibility for the internal investigations performed by the Office of Internal Affairs of the Bureau of Alcohol, Tobacco and Firearms, the Office of Internal Affairs of the United States Customs Service, and the Office of Inspections of the United States Secret Service, and the internal audits and internal investigations performed by the Office of Assistant Commissioner (Inspection) of the Internal Revenue Service. The head of each such office shall promptly report to the Inspector General the significant activities being carried out by such office.

(c) Notwithstanding subsection (b), the Inspector General may initiate, conduct and supervise such audits and investigations in the Department of the Treasury (including the bureaus and services referred to in subsection (b)) as the Inspector General considers appropriate.

(d) If the Inspector General initiates an audit or investigation under subsection (c) concerning a bureau or service referred to in subsection (b), the Inspector General may provide the head of the office of such bureau or service referred to in subsection (b) with written notice that the Inspector General has initiated such an audit or investigation. If the Inspector General 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 and any other audit or investigation of such matter shall cease.

(e)(1) The Inspector General shall have access to returns and return information, as defined in section 6103(b) of the Internal Revenue Code of 1986 [26 U.S.C. 6103(b)], only in accordance with the provisions of section 6103 of such Code [26 U.S.C. 6103] and this Act.

(2) Access by the Inspector General to returns and return information under section 6103(h)(1) of such Code [26 U.S.C. 6103(h)(1)] shall be subject to the following additional requirements:

(A) In order to maintain internal controls over access to returns and return information, the Inspector General, or in the absence of the Inspector General, the Acting Inspector General, the Deputy Inspector General, the Assistant Inspector General for Audits, or the Assistant Inspector General for Investigations, shall provide to the Assistant Commissioner (Inspection) of the Internal Revenue Service written notice of the Inspector General's intent to access returns and return information. If the Inspector General determines that the Inspection Service of the Internal Revenue Service should not be made aware of a notice of access to returns and return information, such notice shall be provided to the Senior Deputy Commissioner of Internal Revenue.

(B) Such notice shall clearly indicate the specific returns or return information being accessed, contain a certification by the Inspector General, or in the absence of the Inspector General, the Acting Inspector General, the Deputy Inspector General, the Assistant Inspector General for Audits, or the Assistant Inspector General for Investigations, that the returns or return information being accessed are needed for a purpose described under section 6103(h)(1) of the Internal Revenue Code of 1986 [26 U.S.C. 6103(h)(1)], and identify those employees of the Office of Inspector General of the Department of the Treasury who may receive such returns or return information.

(C) The Internal Revenue Service shall maintain the same system of standardized records or accountings of all requests from the Inspector General for inspection or disclosure of returns and return information (including the reasons for and dates of such requests), and of returns and return information inspected or disclosed pursuant to such requests, as described under section 6103(p)(3)(A) of the Internal Revenue Code of 1986 [26 U.S.C. 6103(p)(3)(A)]. Such system of standardized records or accountings shall also be available for examination in the same manner as provided under section 6103(p)(3) of the Internal Revenue Code of 1986.

(D) The Inspector General shall be subject to the same safeguards and conditions for receiving returns and return information as are described under section 6103(p)(4) of the Internal Revenue Code of 1986 [26 U.S.C. 6103(p)(4)].

(f) An audit or investigation conducted by the Inspector General shall not affect a final decision of the Secretary of the Treasury or his del

egate under section 6406 of the Internal Revenue Code of 1986 [26 U.S.C. 6406].

(g) Notwithstanding section 4(d), in matters involving chapter 75 of the Internal Revenue Code of 1986 [26 U.S.C. 7201 et seq.), the Inspector General shall report expeditiously to the Attorney General only offenses under section 7214 of such Code [26 U.S.C. 7214], unless the Inspector General obtains the consent of the Commissioner of Internal Revenue to exercise additional reporting authority with respect to such chapter.

(h) Any report required to be transmitted by the Secretary of the Treasury to the appropriate committees or subcommittees of the Congress under section 5(d) shall also be transmitted, within the seven-day period specified under such section, to the Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Operations and Ways and Means of the House of Representatives.

(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.)

REFERENCES IN TEXT

The Presidential Protection Assistance Act of 1976, referred to in subsec. (a)(1)(F), is Pub. L. 94-524, Oct. 17, 1976, 90 Stat. 2475, which enacted and amended notes set out under section 3056 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Tables.

PRIOR PROVISIONS

A prior section 8D of the Inspector General Act of 1978 was renumbered section 8E by Pub. L. 103-204.

EFFECTIVE DATE

Section effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100-504, set out as an Effective Date of 1988 Amendment note under section 5 of Pub. L. 95-452 in this Appendix.

§ 8E. Special provisions concerning the Department of Justice

(a)(1) Notwithstanding the last two sentences of section 3(a), the Inspector General shall be under the authority, direction, and control of the Attorney General with respect to audits or investigations, or the issuance of subpenas, which require access to sensitive information concerning

(A) ongoing civil or criminal investigations or proceedings;

(B) undercover operations;

(C) the identity of confidential sources, including protected witnesses;

(D) intelligence or counterintelligence matters; or

(E) other matters the disclosure of which would constitute a serious threat to national security.

(2) With respect to the information described under paragraph (1), the Attorney General may prohibit the Inspector General from carrying out or completing any audit or investigation, or from issuing any subpena, after such