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5, 1990, 104 Stat. 1388-330; Pub. L. 103-66, title XI, § 11005, Aug. 10, 1993, 107 Stat. 412, provided: “That (a)(1) in the administration of chapter 89 of title 5, United States Code, for each of contract years 1990 through 1998 (inclusive), in order to compute the average subscription charges under section 8906(a) of such title for such contract years, the subscription charges in effect for the indemnity benefit plan on the beginning date of each such contract year

"(A) shall be deemed to be the subscription charges which were in effect for such plan on the beginning date of the preceding contract year as adjusted under paragraph (2); or

"(B) if subparagraph (A) does not apply, shall be deemed to be

"(i) the subscription charges which were deemed under this Act to have been in effect for such plan with respect to the preceding contract year as adjusted under paragraph (2), except as provided in clause (ii); or

"(ii) for each of contract years 1997 and 1998, the subscription charges which would be derived by applying the terms of clause (i), reduced by 1 percent.

"(2) The subscription charges under paragraph (1) shall be increased or decreased (as appropriate) by the average percentage by which the respective subscription charges taken into account under paragraphs (1), (3), and (4) of such section 8906(a) for that contract year increased or decreased from the subscription charges taken into account under such paragraphs (1), (3), and (4) for the preceding contract year.

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basis (as defined under regulations of the Department of the Treasury).

[See main edition for text of (b) to (e)]

(f)(1) No tax, fee, or other monetary payment may be imposed, directly or indirectly, on a carrier or an underwriting or plan administration subcontractor of an approved health benefits plan by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, with respect to any payment made from the Fund.

(2) Paragraph (1) shall not be construed to exempt any carrier or underwriting or plan administration subcontractor of an approved health benefits plan from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such carrier or underwriting or plan administration subcontractor from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.

(As

amended Pub. L. 101-508, title VII, § 7002(b), (c), Nov. 5, 1990, 104 Stat. 1388-330.)

AMENDMENTS

1990-Subsec. (a). Pub. L. 101-508, § 7002(b), inserted at end "Payments from the Fund to a plan participating in a letter-of-credit arrangement under this chapter shall, in connection with any payment or reimbursement to be made by such plan for a health service or supply, be made, to the maximum extent practicable, on a checks-presented basis (as defined under regulations of the Department of the Treasury)."

Subsec. (f). Pub. L. 101-508, § 7002(c), added subsec.

(f).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 applicable with respect to contract years beginning on or after Jan. 1, 1991, see section 7002(g) of Pub. L. 101-508, set out as a note under section 8902 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6386, 8905, 8906 of this title; title 22 sections 4069c, 4069c-1; title 25 section 450i; title 50 section 403p.

§ 8910. Studies, reports, and audits

[See main edition for text of (a) to (c)]

(d) The Office, in consultation with the Department of Health and Human Services, shall develop and implement a system through which the carrier for an approved health benefits plan described by section 8903 or 8903a will be able to identify those annuitants or other individuals covered by such plan who are entitled to benefits under part A or B of title XVIII of the Social Security Act in order to ensure that payments under coordination of benefits with Medicare do not exceed the statutory maximums which physicians may charge Medicare enrollees.

(As amended Pub. L. 101-508, title VII, §7002(d), Nov. 5, 1990, 104 Stat. 1388-330.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.

Parts A and B of title XVIII of the Social Security Act are classified generally to parts A (§ 1395c et seq.) and B (1395) et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

AMENDMENTS

1990-Subsec. (d). Pub. L. 101-508 added subsec. (d).

EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 applicable with respect to contract years beginning on or after Jan. 1, 1991, see section 7002(g) of Pub. L. 101-508, set out as a note under section 8902 of this title.

§ 8912. Jurisdiction of courts

The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States founded on this chapter.

(As amended Pub. L.

102-572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

AMENDMENTS

1992-Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court".

EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

88914. Effect of other statutes

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 4501.

Subpart H-Access to Criminal History
Record Information

CHAPTER 91-ACCESS TO CRIMINAL HISTORY
RECORDS FOR NATIONAL SECURITY PUR-
POSES

§ 9101. Criminal history record information for national security purposes

[See main edition for text of (a)] (b)(1) Upon request by the Department of Defense, the Department of State, the Office of Personnel Management, the Central Intelligence Agency, or the Federal Bureau of Investigation, criminal justice agencies shall make available criminal history record information regarding individuals under investigation by such department, office, agency, or bureau for the purpose of determining eligibility for (A) access to classified information or (B) assignment to or retention in sensitive national security duties. Such a request to a State central criminal history record repository shall be accompanied by the fingerprints of the individual who is the subject of the request if required by State law and if the repository uses the fingerprints in an automated fingerprint identification system. Fees, if any, charged for providing criminal history record information pursuant to this subsection shall not exceed the reasonable cost of providing such information, nor shall they in any event exceed those charged to

State or local agencies other than criminal justice agencies for such information.

[See main edition for text of (2)]

(3)(A) Upon request by a State or locality, the Department of Defense, the Department of State, the Office of Personnel Management, the Central Intelligence Agency, or the Federal Bureau of Investigation shall enter into an agreement with such State or locality to indemnify and hold harmless such State or locality, and its officers, employees and agents, from any claim against such State or locality, or its officer, employee or agent, for damages, costs and other monetary loss, whether or not suit is instituted, arising from the disclosure or use by such department, office, agency, or bureau of criminal history record information obtained from the State or locality pursuant to this subsection, if the laws of such State or locality, as of the date of enactment of this section, otherwise have the effect of prohibiting the disclosure of such criminal history record informa tion to such department, office, agency, or bureau.

(B) When the Department of Defense, the Department of State, the Office of Personnel Management, the Central Intelligence Agency, or the Federal Bureau of Investigation and a State or locality have entered into an agree ment described in subparagraph (A), and a claim described in such subparagraph is made against such State or locality, or its officer, employee, or agent, the State or locality shall expeditiously transmit notice of such claim to the Attorney General and to the United States Attorney of the district embracing the place wherein the claim is made, and the United States shall have the opportunity to make all determinations regarding the settlement or defense of such claim.

(c) The Department of Defense, the Department of State, the Office of Personnel Management, the Central Intelligence Agency, or the Federal Bureau of Investigation shall not obtain criminal history record information pursuant to this section unless it has received writ ten consent from the individual under investigation for the release of such information for the purposes set forth in paragraph (b)(1).

[See main edition for text of (d)]

(e) The authority provided under this section with respect to the Department of State may be exercised only so long as the Department of State continues to extend to its employees and applicants for employment, at a minimum, those procedural safeguards provided for as part of the security clearance process that were made available, as of May 1, 1987, pursuant to section 163.4 of volume 3 of the Foreign Affairs Manual.

(As amended Pub. L. 101-246, title I, § 114, Feb. 16, 1990, 104 Stat. 22.)

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Executive Personnel Financial Disclosure Requirements (Title II of Pub. L. 95-521) [See Ethics in
Government Act of 1978, above]

Office of Government Ethics (Title IV of Pub. L. 95-521) [See Ethics in Government Act of 1978,
above]

Reorganization Plans

403

FEDERAL ADVISORY COMMITTEE ACT

Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended by Pub. L. 94-409, § 5(c), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 96-523, § 2, Dec. 12, 1980, 94 Stat. 3040; Pub. L. 97-375, title II, § 201(c), Dec. 21, 1982, 96 Stat. 1822

§ 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 depart. ment 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, 126537, 13458; title 44 section 2701; title 49 App. section 1353.

INSPECTOR GENERAL ACT OF 1978

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended by Pub. L. 96–88, title V, § 508(n), Oct. 17, 1979, 93 Stat. 694; Pub. L. 97-113, title VII, § 705(a)(1)-(3), Dec. 29, 1981, 95 Stat. 1544; Pub. L. 97-252, title XI, § 1117(a)-(c), Sept. 8, 1982, 96 Stat. 750-752; Pub. L. 99-93, title I, § 150(a), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99-399, title IV, § 412(a), Aug. 27, 1986, 100 Stat. 867; Pub. L. 100-504, title I, §§ 102(a)-(d), (f), (g), 104(a), 105-107, 109, 110, Oct. 18, 1988, 102 Stat. 2515-2529; Pub. L. 100-527, § 13(h), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 101-73, title V, § 501(b)(1), title VII, § 702(c), Aug. 9, 1989, 103 Stat. 393, 415; Pub. L. 102-233, title III, § 315(a), Dec. 12, 1991, 105 Stat. 1772; Pub. L. 103-82, title II, § 202(g)(1), (2)(A), (3)(A), (4), (5), Sept. 21, 1993, 107 Stat. 889, 890; Pub. L. 103-204, § 23(a), Dec. 17, 1993, 107 Stat. 2407

§ 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 INSUR-
ANCE 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)]

Page 367

(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

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