0:'inspector general act of 1978from title 5—appendix inspector general act of 1978 pub. l. 95–452, oct. 12, 1978, 92 stat.', 1:'1101, as amended by pub. l. 96–88, title v, §508n, oct. 17, 1979, 93 stat. 694; pub. l. 97–113, title', 2:'vii, §705a1–3, dec. 29, 1981, 95 stat. 1544; pub. l. 97–252, title xi, §1117a–c, sept. 8, 1982, 96 stat. 750–752;', 3:'pub. l. 99–93, title i, §150a, aug. 16, 1985, 99 stat. 427; pub. l. 99–399, title iv, §412a, aug. 27,', 4:'1986, 100 stat. 867; pub. l. 100–504, title i, §§102a–d, f, g, 104a, 105–107, 109, 110, oct. 18, 1988,102 stat.', 5:'2515–2529; pub. l. 100–527, §13h, oct. 25, 1988, 102 stat. 2643; pub. l. 101–73, title v, §501b1, titlevii, §702c, aug.', 6:'9, 1989, 103 stat. 393, 415; pub. l. 102–233, title iii, §315a, dec. 12, 1991, 105 stat. 1772; pub. l.', 7:'103–82, title ii, §202g1, 2a, 3a, 4, 5, sept. 21, 1993, 107 stat. 889, 890; pub. l. 103–204, §23a, dec.', 8:'17, 1993, 107 stat. 2407; pub. l. 103–296, title i, §108l, aug. 15, 1994, 108 stat. 1488; pub. l. 103–325,', 9:'title i, §118a, sept. 23, 1994, 108 stat. 2188; pub. l. 104–88, title iii, §319, dec. 29, 1995, 109 stat.', 10:'949; pub. l. 104–106, div. a, title xv, §1502f6, div. d, title xliii, §4322b1, 3, feb. 10, 1996, 110 stat.', 11:'510, 677; pub. l. 104–208, div. a, title i, §101f [title vi, §662b, title viii, §805c], sept. 30, 1996, 110', 12:'stat. 3009–314, 3009379, 3009393; pub. l. 105–134, title iv, §409a1, dec. 2, 1997, 111 stat. 2586; pub. l. 105–206, title', 13:'i, §1103a–c1, e1–3, july 22,1998, 112 stat. 705, 708, 709; pub. l. 105–272, title vii, §702b, oct. 20, 1998, 112', 14:'stat. 2415; pub. l. 105–277, div. c, title iii, §306h, as added pub. l. 106–31, title i, §105a5, may 21,', 15:'1999, 113 stat. 63; pub. l. 105–277, div. g, title xiii, §1314b, title xiv, §1422b2, oct. 21, 1998, 112 stat.', 16:'2681–776, 2681792; pub. l. 106–65, div. a, title x, §106717, oct. 5, 1999, 113 stat. 775; pub. l. 106–113, div.', 17:'b, §1000a7 [title ii, §205], nov. 29, 1999, 113 stat. 1536, 1501a422 §1. short title this act be cited as', 18:'the inspector general act of 1978. pub. l. 95–452, §1, oct. 12, 1978, 92 stat. 1101. short title of 1998', 19:'amendment pub. l. 105–272, title vii, §701a, oct. 20, 1998, 112 stat. 2413, provided that: this title [enacting section8h of', 20:'pub. l. 95–452, set out in this appendix, amending section 8i of pub. l. 95–452, set out in thisappendix, and', 21:'section 403q of title 50, war and national defense, and enacting provisions set out as anote under section 8h of', 22:'pub. l. 95–452, set out in this appendix] may be cited as the intelligencecommunity whistleblower protection act of 1998. short', 23:'title of 1988 amendment pub. l. 100–504, title i, §101, oct. 18, 1988, 102 stat. 2515, provided that: this title', 24:'[enacting sections8b–8f of pub. l. 95–452, set out in this appendix, amending sections 2, 4–6, 8, 9, and 11 of', 25:'pub. l. 95–452, set out in this appendix, sections 5315 and 5316 of this title, sections 405 and 1105 of', 26:'title 31, money andfinance, and section 410 of title 39, postal service, repealing sections 3521–3527 and 7138 of title 42,', 27:'thepublic health and welfare, and section 231v of title 45, railroads, and enacting provisions set out as notesunder sections 1,', 28:'5, 8d, 8e, and 9 of pub. l. 95–452, set out in this appendix] may be cited as theinspector general', 29:'act amendments of 1988. payment authority subject to appropriations pub. l. 100–504, title i, §112, oct. 18, 1988, 102 stat.', 30:'2530, provided that: any authority to makepayments under this title [see short title of 1988 amendment note above] shall be', 31:'effective only to suchextent as provided in appropriations acts. act referred to in other sections the inspector general act of', 32:'1978 is referred to in title 2 section 1602; title 7 sections 2270a, 6911; title10 sections 133, 141, 1034, 2409,', 33:'3020, 5020, 8020; title 20 sections 76l, 1082, 3412, 3422; title 22sections 3929, 4861, 6203, 6207; title 29 sections 49h,', 34:'1574, 1575, 2935; title 31 sections 902, 3521,3801, 3808, 9105; title 38 sections 312, 7366; title 39 section 410; title', 35:'41 sections 265, 422; title 42sections 1320a–7a, 1320a–7c, 9651, 12651e; title 48 sections 1422d, 1599, 1668, 1681b. §2. purpose and', 36:'establishment of offices of inspector general; departments andagencies involved in order to create independent and objective units— 1 to conduct', 37:'and supervise audits and investigations relating to the programs and operations of theestablishments listed in section 112; 2 to provide', 38:'leadership and coordination and recommend policies for activities designed a to promote economy, efficiency, and effectiveness in the administration of,', 39:'and b to prevent and detect fraud and abuse in, suchprograms and operations; and 3 to provide a means for', 40:'keeping the head of the establishment and the congress fully and currently informedabout problems and deficiencies relating to the administration', 41:'of such programs and operations and the necessity forand progress of corrective action; there is established— a in each of', 42:'such establishments an office of inspector general, subject to subparagraph b; and b in the establishment of the department of', 43:'the treasury— i an office of inspector general of the department of the treasury; and ii an office of treasury', 44:'inspector general for tax administration. pub. l. 95–452, §2, oct. 12, 1978, 92 stat. 1101; pub. l. 96–88, title v,', 45:'§508n1, oct. 17, 1979, 93 stat. 694; pub. l. 97–113, title vii, §705a1, dec. 29, 1981, 95 stat. 1544; pub.', 46:'l. 97–252, title xi, §1117a1, sept. 8, 1982, 96stat. 750; pub. l. 99–93, title i, §150a1, aug. 16, 1985, 99', 47:'stat. 427; pub. l. 99–399, title iv, §412a1, aug. 27,1986, 100 stat. 867; pub. l. 100–504, title i, §102a, b,', 48:'oct. 18, 1988, 102 stat. 2515; pub. l. 100–527, §13h1, oct. 25, 1988, 102 stat. 2643; pub. l. 105–206, title', 49:'i, §1103a, july 22, 1998, 112 stat. 705. codification amendment by pub. l. 100–527 amended section as it existed prior', 50:'to amendment by pub. l. 100–504, see effective date of 1988 amendments note below. amendments 1998—pub. l. 105–206, in concluding', 51:'provisions, substituted there is established— and subpars. a and b for there is hereby established in each of such establishments', 52:'an office of inspector general. 1988—pub. l. 100–504 substituted there for thereby in concluding provisions and amended par. 1 generally.', 53:'prior to amendment, par. 1, as amended by pub. l. 100–527, read as follows: to conduct andsupervise audits and investigations', 54:'relating to programs and operations of the department of agriculture, the department of commerce, the department of defense, the department', 55:'of education, the departmentof housing and urban development, the department of the interior, the department of labor, thedepartment of transportation,', 56:'the department of veterans affairs, the agency for internationaldevelopment, the community services administration, the environmental protection agency, the generalservices administration,', 57:'the national aeronautics and space administration, the small businessadministration, the united states information agency, and the department of state;. par.', 58:'1. pub. l. 100–527 inserted the department of veterans affairs, and struck out the veteransadministration, after united states information agency,.', 59:'see codification note above. 1986—par. 1. pub. l. 99–399 inserted the united states information agency,. 1985—par. 1. pub. l. 99–93', 60:'inserted reference to the department of state. 1982—par. 1. pub. l. 97–252, §1117a1, inserted the department of defense,. 1981—par. 1.', 61:'pub. l. 97–113 inserted the agency for international development,. 1979—par. 1. pub. l. 96–44 inserted the department of education,. effective', 62:'date of 1988 amendments amendment by pub. l. 100–527 effective mar. 15, 1989, see section 18a of pub. l. 100–527,', 63:'set out as adepartment of veterans affairs act note under section 301 of title 38, veterans benefits. amendment by pub.', 64:'l. 100–504 effective 180 days after oct. 18, 1988, see section 113 of pub. l. 100– 504, set out as', 65:'a note under section 5 of pub. l. 95–452 in this appendix. effective date of 1979 amendment amendment by pub.', 66:'l. 96–88 effective may 4, 1980, with specified exceptions, see section 601 of pub. l. 96–88, set out as an', 67:'effective date note under section 3401 of title 20, education. section referred to in other sections this section is referred', 68:'to in title 22 section 4861; title 42 section 8262f. §3. appointment of inspector general; supervision; removal; political activities; appointment', 69:'of assistant inspector general for auditing and assistantinspector general for investigations a there shall be at the head of each', 70:'office an inspector general who shall be appointed by the president, by andwith the advice and consent of the senate,', 71:'without regard to political affiliation and solely on the basis of integrity anddemonstrated ability in accounting, auditing, financial analysis, law,', 72:'management analysis, public administration, orinvestigations. each inspector general shall report to and be under the general supervision of the head', 73:'of theestablishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but', 74:'shallnot report to, or be subject to supervision by, any other officer of such establishment. neither the head of theestablishment', 75:'nor the officer next in rank below such head shall prevent or prohibit the inspector general frominitiating, carrying out, or', 76:'completing any audit or investigation, or from issuing any subpena during the course of anyaudit or investigation. b an inspector', 77:'general may be removed from office by the president. the president shall communicate thereasons for any such removal to both', 78:'houses of congress. c for the purposes of section 7324 of title 5, united states code, no inspector general shall', 79:'be considered to bean employee who determines policies to be pursued by the united states in the nationwide administration of', 80:'federallaws. d each inspector general shall, in accordance with applicable laws and regulations governing the civil service— 1 appoint an', 81:'assistant inspector general for auditing who shall have the responsibility for supervising theperformance of auditing activities relating to programs and', 82:'operations of the establishment, and 2 appoint an assistant inspector general for investigations who shall have the responsibility for supervising', 83:'theperformance of investigative activities relating to such programs and operations. pub. l. 95–452, §3, oct. 12, 1978, 92 stat. 1101.', 84:'acting treasury inspector general for tax administration pub. l. 105–277, div. c, title i, §101, oct. 21, 1998, 112 stat.', 85:'2681–584, as amended by pub. l. 106–113, div. b, §1000a5 [title ii, §239a], nov. 29, 1999, 113 stat. 1536, 1501a302,', 86:'provided that: a in general.—notwithstanding any other provision of law, the president may appoint an actingtreasury inspector general for tax', 87:'administration to serve during the period— 1 beginning on the date of the enactment of this section [oct. 21, 1998]', 88:'or, if later, the date ofthe appointment, and 2 ending on the earlier of— a april 30, 1999, or b', 89:'the date on which the first treasury inspector general for tax administration takes officeother than pursuant to this section. b', 90:'duties before january 18, 1999.—the acting treasury inspector general for tax administrationappointed under subsection a shall, before january 18, 1999,', 91:'take only such actions as are necessaryto begin operation of the office of treasury inspector general for tax administration, including—', 92:'1 making interim arrangements for administrative support for the office, 2 establishing interim positions in the office into which personnel', 93:'will be transferred upon thetransfer of functions and duties to the office on january 18, 1999, 3 appointing such acting', 94:'personnel on an interim basis as may be necessary upon the transferof functions and duties to the office on january', 95:'18, 1999, and 4 providing guidance and input for the fiscal year 2000 budget process for the office. c actions', 96:'not to limit authority of ig.—none of the actions taken by an individual appointed undersubsection a shall affect the future', 97:'authority of any treasury inspector general for tax administrationnot appointed under subsection a. d limitations.— 1 nomination.—no individual appointed under', 98:'subsection a may serve on or after january 19,1999, unless on or before such date the president has submitted to', 99:'the senate his nomination of anindividual to serve as the first treasury inspector general for tax administration. 2 treasury inspector', 100:'general may not serve.—no individual appointed under subsection a may serve during any period such individual is serving as the', 101:'inspector general of the treasury of theunited states or the acting inspector general of the treasury of the united states.', 102:'3 employment restrictions.—the provisions of section 8dj of the inspector general act of1978 5 u.s.c. app. shall not apply to', 103:'any individual appointed under subsection a. [pub. l. 106–113, div. b, §1000a5 [title ii, §239b], nov. 29, 1999, 113 stat.', 104:'1536, 1501a302, providedthat: the amendment made by subsection a [amending section 101 of pub. l. 105–277, set out above] shall', 105:'be effective as if included in the enactment of section 101 of title i of division c of the omnibusconsolidated', 106:'and emergency supplemental appropriations act, 1999 [pub. l. 105–277].] transitional provisions relating to appointment of inspector general offederal deposit insurance', 107:'corporation pub. l. 103–204, §23c, dec. 17, 1993, 107 stat. 2408, provided that: 1 current service.—except as otherwise provided by', 108:'law, the individual serving as the inspectorgeneral of the federal deposit insurance corporation before the date of enactment of this', 109:'act [dec. 17,1993] may continue to serve in such position until the earlier of— a the date on which the', 110:'president appoints a successor under section 3a of the inspectorgeneral act of 1978 [subsec. a of this section]; or b', 111:'the date which is 6 months after the date of enactment of this act. 2 definition.—for purposes of paragraph 1,', 112:'the term successor may include the individual holdingthe position of inspector general of the federal deposit insurance corporation on or', 113:'after the date ofenactment of this act. ex. ord. no. 12993. administrative allegations against inspectors general ex. ord. no. 12993,', 114:'mar. 21, 1996, 61 f.r. 13043, provided: certain executive branch agencies are authorized to conduct investigations of allegations ofwrongdoing by', 115:'employees of the federal government. for certain administrative allegations againstinspectors general igs and, as explained below, against certain staff members', 116:'of the offices ofinspectors general oigs, it is desirable to authorize an independent investigative mechanism. the chairperson of the presidents', 117:'council on integrity and efficiency pcie and the executivecouncil on integrity and efficiency ecie, in consultation with members of the', 118:'councils, hasestablished an integrity committee pursuant to the authority granted by executive order no. 12805 [31u.s.c. 501 note]. by the', 119:'authority vested in me as president by the constitution and the laws of the united states ofamerica, and in order', 120:'to ensure that administrative allegations against igs and certain staff members ofthe oigs are appropriately and expeditiously investigated and resolved,', 121:'it is hereby ordered as follows: section 1. the integrity committee. a to the extent permitted by law, and in', 122:'accordance with this order, the integrity committee shall receive, review, and refer for investigation allegations of wrongdoing againstigs and certain', 123:'staff members of the oigs. b the integrity committee shall consist of at least the following members: 1 the official', 124:'of the federal bureau of investigation fbi serving on the pcie, as designated by thedirector of the fbi. the fbi', 125:'member shall serve as chair of the integrity committee. 2 the special counsel of the office of special counsel; 3', 126:'the director of the office of government ethics; 4 three or more igs, representing both the pcie and the ecie,', 127:'appointed by the chairperson of thepcie/ecie. c the chief of the public integrity section of the criminal division of the', 128:'department of justice, or hisdesignee, shall serve as an advisor to the integrity committee with respect to its responsibilities andfunctions', 129:'in accordance with this order. sec. 2. referral of allegations. a the integrity committee shall review all allegations of wrongdoing', 130:'itreceives against an ig who is a member of the pcie or ecie, or against a staff member of an', 131:'oig actingwith the knowledge of the ig or when the allegation against the staff person is related to an allegationagainst', 132:'the ig, except that where an allegation concerns a member of the integrity committee, thatmember shall recuse himself from consideration', 133:'of the matter. b an ig shall refer any administrative allegation against a senior staff member to the integritycommittee when:', 134:'1 review of the substance of the allegation cannot be assigned to an agency of the executive branchwith appropriate jurisdiction', 135:'over the matter; and 2 the ig determines that an objective internal investigation of the allegation, or the appearancethereof, is', 136:'not feasible. c the integrity committee shall determine if there is a substantial likelihood that the allegation, referred to it', 137:'under paragraphs a or b of this section, discloses a violation of any law, rule or regulation, or gross mismanagement,', 138:'gross waste of funds or abuse of authority and shall refer the allegation to theagency of the executive branch with', 139:'appropriate jurisdiction over the matter. however, if a potentiallymeritorious administrative allegation cannot be referred to an agency of the executive', 140:'branch withappropriate jurisdiction over the matter, the integrity committee shall certify the matter to its chair, who shall cause a', 141:'thorough and timely investigation of the allegation to be conducted in accordance with thisorder. d if the integrity committee determines', 142:'that an allegation does not warrant further action, it shall closethe matter without referral for investigation and notify the chairperson', 143:'of the pcie/ecie of itsdetermination. sec. 3. authority to investigate. a the director of the fbi, through his designee serving', 144:'as chairpersonof the integrity committee, is authorized and directed to consider and, where appropriate, to investigateadministrative allegations against the igs', 145:'and, in limited cases as described in sections 2a and 2b above, against other staff members of the oigs, when', 146:'such allegations cannot be assigned to anotheragency of the executive branch and are referred by the integrity committee pursuant to', 147:'section 2c ofthis order. b at the request of the director of the fbi, through his designee serving as chairperson,', 148:'heads ofagencies and entities represented in the pcie and ecie may, to the extent permitted by law, provideresources necessary to', 149:'the integrity committee. employees from those agencies and entities will bedetailed to the integrity committee, subject to the control and', 150:'direction of the chairperson, to conduct aninvestigation pursuant to section 2c: provided, that such agencies or entities shall be reimbursed', 151:'by theagency or entity employing the subject of the investigation. reimbursement for any costs associated withthe detail shall be consistent', 152:'with applicable law, including but not limited to the economy act 31 u.s.c. 1535 and 1536, and subject to the', 153:'availability of funds. c nothing in the above delegation shall augment, diminish, or otherwise modify any existingresponsibilities and authorities of', 154:'any other executive branch agency. sec. 4. results of investigation. a the report containing the results of the investigation conducted', 155:'underthe supervision of the chair of the integrity committee shall be provided to the members of the integritycommittee for consideration.', 156:'b with respect to those matters where the integrity committee has referred an administrativeallegation to an agency of the executive', 157:'branch with appropriate jurisdiction over the matter, the head ofthat agency shall provide a report to the integrity committee concerning', 158:'the scope and results of theinquiry. c the integrity committee shall assess the report received under a or b of', 159:'this section anddetermine whether the results require forwarding of the report, with integrity committeerecommendations, to the chairperson of the pcie/ecie', 160:'for resolution. if the integrity committeedetermines that the report requires no further referral or recommendations, it shall so notify thechairperson', 161:'of the pcie/ecie. d where the chairperson of the pcie/ecie determines that dissemination of the report to the head ofthe', 162:'subjects employing agency or entity is appropriate, the head of the agency or entity shall certify to thechairperson of the', 163:'pcie/ecie within sixty 60 [sic] days that he has personally reviewed the report, whataction, if any, has been or is', 164:'to be taken, and when any action taken will be completed. the pcie/eciechairperson may grant the head of the entity', 165:'or agency a 30day extension when circumstancesnecessitate such extension. e the chairperson of the pcie/ecie shall report to the integrity', 166:'committee the final disposition of thematter, including what action, if any, has been or is to be taken by the', 167:'head of the subjects employingagency or entity. when the integrity committee receives notice of the final disposition, it shall advise', 168:'thesubject of the investigation that the matter referred to the integrity committee for review has been closed. sec. 5. procedures.', 169:'a the integrity committee, in conjunction with the chairperson of the pcie/ecie, shall establish the policies and procedures necessary to', 170:'ensure consistency in conducting investigationsand reporting activities under this order. b such policies and procedures shall specify the circumstances under', 171:'which the integrity committee, upon review of a complaint containing allegations of wrongdoing, may determine that an allegation iswithout merit', 172:'and therefore the investigation is unwarranted. a determination by the integrity committeethat an investigation is unwarranted shall be considered the', 173:'integrity committees final disposition of thecomplaint. c the policies and procedures may be expanded to encompass other issues related to', 174:'the handling ofallegations against igs and others covered by this order. sec. 6. records maintenance. all records created and received', 175:'pursuant to this order are records of theintegrity committee and shall be maintained by the fbi. sec. 7. judicial review.', 176:'this order is intended only to improve the internal management of the executivebranch and is not intended to create any', 177:'right or benefit, substantive or procedural, enforceable at law bya party against the united states, its agencies, its officers, or', 178:'any person. william j. clinton. section referred to in other sections this section is referred to in title 10 section', 179:'141; title 12 section 1441a; title 41 section 254d; title 42section 902. §4. duties and responsibilities; report of criminal violations', 180:'to attorney general a it shall be the duty and responsibility of each inspector general, with respect to the establishment', 181:'within whichhis office is established— 1 to provide policy direction for and to conduct, supervise, and coordinate audits and investigations', 182:'relating to theprograms and operations of such establishment; 2 to review existing and proposed legislation and regulations relating to programs', 183:'and operations of suchestablishment and to make recommendations in the semiannual reports required by section 5a concerning theimpact of such', 184:'legislation or regulations on the economy and efficiency in the administration of programs andoperations administered or financed by such establishment', 185:'or the prevention and detection of fraud and abuse insuch programs and operations; 3 to recommend policies for, and to', 186:'conduct, supervise, or coordinate other activities carried out or financed bysuch establishment for the purpose of promoting economy and efficiency', 187:'in the administration of, or preventing anddetecting fraud and abuse in, its programs and operations; 4 to recommend policies for,', 188:'and to conduct, supervise, or coordinate relationships between such establishmentand other federal agencies, state and local governmental agencies, and nongovernmental', 189:'entities with respect toa all matters relating to the promotion of economy and efficiency in the administration of, or the', 190:'prevention anddetection of fraud and abuse in, programs and operations administered or financed by such establishment, or b theidentification and', 191:'prosecution of participants in such fraud or abuse; and 5 to keep the head of such establishment and the congress', 192:'fully and currently informed, by means of the reportsrequired by section 5 and otherwise, concerning fraud and other serious problems,', 193:'abuses, and deficiencies relatingto the administration of programs and operations administered or financed by such establishment, to recommendcorrective action concerning', 194:'such problems, abuses, and deficiencies, and to report on the progress made inimplementing such corrective action. b1 in carrying out', 195:'the responsibilities specified in subsection a1, each inspector general shall— a comply with standards established by the comptroller general of', 196:'the united states for audits of federalestablishments, organizations, programs, activities, and functions; b establish guidelines for determining when it shall', 197:'be appropriate to use nonfederal auditors; and c take appropriate steps to assure that any work performed by nonfederal auditors', 198:'complies with the standardsestablished by the comptroller general as described in paragraph 1. 2 for purposes of determining compliance with', 199:'paragraph 1a with respect to whether internal quality controlsare in place and operating and whether established audit standards, policies, and', 200:'procedures are being followed byoffices of inspector general of establishments defined under section 112, offices of inspector general of designatedfederal', 201:'entities defined under section 8fa2,1 and any audit office established within a federal entity defined undersection 8fa1,1 reviews shall be', 202:'performed exclusively by an audit entity in the federal government, including thegeneral accounting office or the office of inspector general', 203:'of each establishment defined under section 112, or theoffice of inspector general of each designated federal entity defined under section', 204:'8fa2.1 c in carrying out the duties and responsibilities established under this act, each inspector general shall giveparticular regard to', 205:'the activities of the comptroller general of the united states with a view toward avoidingduplication and insuring effective coordination and', 206:'cooperation. d in carrying out the duties and responsibilities established under this act, each inspector general shall reportexpeditiously to the', 207:'attorney general whenever the inspector general has reasonable grounds to believe there hasbeen a violation of federal criminal law. pub.', 208:'l. 95–452, §4, oct. 12, 1978, 92 stat. 1102; pub. l. 100–504, title i, §109, oct. 18, 1988, 102 stat.', 209:'2529; pub. l. 103–82, title ii, §202g5a, sept. 21, 1993, 107 stat. 890. references in text section 8f, referred to', 210:'in subsec. b2, which related to requirements for federal entities anddesignated federal entities, was renumbered section 8g by pub. l.', 211:'103–204, §23a3, dec. 17, 1993, 107stat. 2408. amendments 1993—subsec. b2. pub. l. 103–82 substituted section 8fa2, and any for section', 212:'8ea2, andany, section 8fa1 for section 8ea1, and section 8fa2. for section 8ea2. 1988—subsec. b. pub. l. 100–504 designated existing', 213:'provisions as par. 1, redesignated pars. 1 to3 as subpars. a to c, respectively, and added par. 2. effective date', 214:'of 1993 amendment amendment by pub. l. 103–82 effective oct. 1, 1993, see section 202i of pub. l. 103–82, set', 215:'out as aneffective date note under section 12651 of title 42, the public health and welfare. effective date of 1988', 216:'amendment amendment by pub. l. 100–504 effective 180 days after oct. 18, 1988, see section 113 of pub. l. 100–', 217:'504, set out as a note under section 5 of pub. l. 95–452 in this appendix. dot authority pub. l.', 218:'106–159, title ii, §228, dec. 9, 1999, 113 stat. 1773, provided that: a in general.—the statutory authority of the inspector', 219:'general of the department of transportationincludes authority to conduct, pursuant to federal criminal statutes, investigations of allegations that aperson or', 220:'entity has engaged in fraudulent or other criminal activity relating to the programs andoperations of the department or its operating', 221:'administrations. b regulated entities.—the authority to conduct investigations referred to in subsection a extendsto any person or entity subject to', 222:'the laws and regulations of the department or its operatingadministrations, whether or not they are recipients of funds from the', 223:'department or its operatingadministrations. section referred to in other sections this section is referred to in title 38 section 7366;', 224:'title 44 section 3903. 1 see references in text note below. §5. semiannual reports; transmittal to congress; availability to public;', 225:'immediatereport on serious or flagrant problems; disclosure of information; definitions a each inspector general shall, not later than april 30', 226:'and october 31 of each year, prepare semiannual reportssummarizing the activities of the office during the immediately preceding sixmonth periods', 227:'ending march 31 andseptember 30. such reports shall include, but need not be limited to— 1 a description of significant', 228:'problems, abuses, and deficiencies relating to the administration of programs andoperations of such establishment disclosed by such activities during the', 229:'reporting period; 2 a description of the recommendations for corrective action made by the office during the reporting period withrespect', 230:'to significant problems, abuses, or deficiencies identified pursuant to paragraph 1; 3 an identification of each significant recommendation described in', 231:'previous semiannual reports on whichcorrective action has not been completed; 4 a summary of matters referred to prosecutive authorities and', 232:'the prosecutions and convictions which haveresulted; 5 a summary of each report made to the head of the establishment under', 233:'section 6b2 during the reportingperiod; 6 a listing, subdivided according to subject matter, of each audit report issued by the', 234:'office during the reportingperiod and for each audit report, where applicable, the total dollar value of questioned costs including a', 235:'separatecategory for the dollar value of unsupported costs and the dollar value of recommendations that funds be put tobetter use;', 236:'7 a summary of each particularly significant report; 8 statistical tables showing the total number of audit reports and the', 237:'total dollar value of questioned costsincluding a separate category for the dollar value of unsupported costs, for audit reports— a', 238:'for which no management decision had been made by the commencement of the reporting period; b which were issued during', 239:'the reporting period; c for which a management decision was made during the reporting period, including— i the dollar value', 240:'of disallowed costs; and ii the dollar value of costs not disallowed; and d for which no management decision has', 241:'been made by the end of the reporting period; 9 statistical tables showing the total number of audit reports and', 242:'the dollar value of recommendations that fundsbe put to better use by management, for audit reports— a for which no', 243:'management decision had been made by the commencement of the reporting period; b which were issued during the reporting period;', 244:'c for which a management decision was made during the reporting period, including— i the dollar value of recommendations that', 245:'were agreed to by management; and ii the dollar value of recommendations that were not agreed to by management; and', 246:'d for which no management decision has been made by the end of the reporting period; 10 a summary of', 247:'each audit report issued before the commencement of the reporting period for which nomanagement decision has been made by the', 248:'end of the reporting period including the date and title of each suchreport, an explanation of the reasons such management', 249:'decision has not been made, and a statement concerningthe desired timetable for achieving a management decision on each such report;', 250:'11 a description and explanation of the reasons for any significant revised management decision made duringthe reporting period; 12 information', 251:'concerning any significant management decision with which the inspector general is indisagreement; and 13 the information described under section 05b', 252:'1 of the federal financial management improvement act of1996. b semiannual reports of each inspector general shall be furnished to', 253:'the head of the establishment involved notlater than april 30 and october 31 of each year and shall be transmitted', 254:'by such head to the appropriate committees orsubcommittees of the congress within thirty days after receipt of the report, together', 255:'with a report by the head of theestablishment containing— 1 any comments such head determines appropriate; 2 statistical tables showing', 256:'the total number of audit reports and the dollar value of disallowed costs, for auditreports— a for which final action', 257:'had not been taken by the commencement of the reporting period; b on which management decisions were made during the', 258:'reporting period; c for which final action was taken during the reporting period, including— i the dollar value of disallowed', 259:'costs that were recovered by management through collection, offset, propertyin lieu of cash, or otherwise; and ii the dollar value', 260:'of disallowed costs that were written off by management; and d for which no final action has been taken by', 261:'the end of the reporting period; 3 statistical tables showing the total number of audit reports and the dollar value', 262:'of recommendations that fundsbe put to better use by management agreed to in a management decision, for audit reports— a', 263:'for which final action had not been taken by the commencement of the reporting period; b on which management decisions', 264:'were made during the reporting period; c for which final action was taken during the reporting period, including— i the', 265:'dollar value of recommendations that were actually completed; and ii the dollar value of recommendations that management has subsequently concluded', 266:'should not or couldnot be implemented or completed; and d for which no final action has been taken by the', 267:'end of the reporting period; and 4 a statement with respect to audit reports on which management decisions have been', 268:'made but final action hasnot been taken, other than audit reports on which a management decision was made within the', 269:'preceding year, containing— a a list of such audit reports and the date each such report was issued; b the', 270:'dollar value of disallowed costs for each report; c the dollar value of recommendations that funds be put to better', 271:'use agreed to by management for eachreport; and d an explanation of the reasons final action has not been taken', 272:'with respect to each such audit report, except that such statement may exclude such audit reports that are under formal', 273:'administrative or judicial appeal orupon which management of an establishment has agreed to pursue a legislative solution, but shall identify', 274:'thenumber of reports in each category so excluded. c within sixty days of the transmission of the semiannual reports of', 275:'each inspector general to the congress, thehead of each establishment shall make copies of such report available to the public', 276:'upon request and at a reasonablecost. within 60 days after the transmission of the semiannual reports of each establishment head', 277:'to the congress, thehead of each establishment shall make copies of such report available to the public upon request and', 278:'at a reasonablecost. d each inspector general shall report immediately to the head of the establishment involved whenever theinspector general', 279:'becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to theadministration of programs and operations of such', 280:'establishment. the head of the establishment shall transmit any such report to the appropriate committees or subcommittees of congress within', 281:'seven calendar days, together with areport by the head of the establishment containing any comments such head deems appropriate. e1', 282:'nothing in this section shall be construed to authorize the public disclosure of information which is— a specifically prohibited from', 283:'disclosure by any other provision of law; b specifically required by executive order to be protected from disclosure in the', 284:'interest of national defense ornational security or in the conduct of foreign affairs; or c a part of an ongoing', 285:'criminal investigation. 2 notwithstanding paragraph 1c, any report under this section may be disclosed to the public in a form', 286:'whichincludes information with respect to a part of an ongoing criminal investigation if such information has been included ina public', 287:'record. 3 except to the extent and in the manner provided under section 6103f of the internal revenue code of', 288:'1986 [26u.s.c. 6103f], nothing in this section or in any other provision of this act shall be construed to authorize', 289:'or permit thewithholding of information from the congress, or from any committee or subcommittee thereof. f as used in this', 290:'section— 1 the term questioned cost means a cost that is questioned by the office because of— a an alleged', 291:'violation of a provision of a law, regulation, contract, grant, cooperative agreement, or otheragreement or document governing the expenditure of', 292:'funds; b a finding that, at the time of the audit, such cost is not supported by adequate documentation; or', 293:'c a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable; 2 the term unsupported', 294:'cost means a cost that is questioned by the office because the office found that, at thetime of the audit,', 295:'such cost is not supported by adequate documentation; 3 the term disallowed cost means a questioned cost that management, in', 296:'a management decision, hassustained or agreed should not be charged to the government; 4 the term recommendation that funds be', 297:'put to better use means a recommendation by the office that fundscould be used more efficiently if management of an', 298:'establishment took actions to implement and complete therecommendation, including— a reductions in outlays; b deobligation of funds from programs or', 299:'operations; c withdrawal of interest subsidy costs on loans or loan guarantees, insurance, or bonds; d costs not incurred by', 300:'implementing recommended improvements related to the operations of theestablishment, a contractor or grantee; e avoidance of unnecessary expenditures noted in', 301:'preaward reviews of contract or grant agreements; or f any other savings which are specifically identified; 5 the term management', 302:'decision means the evaluation by the management of an establishment of the findingsand recommendations included in an audit report and', 303:'the issuance of a final decision by management concerning itsresponse to such findings and recommendations, including actions concluded to be', 304:'necessary; and 6 the term final action means— a the completion of all actions that the management of an establishment', 305:'has concluded, in its managementdecision, are necessary with respect to the findings and recommendations included in an audit report; and', 306:'b in the event that the management of an establishment concludes no action is necessary, final action occurswhen a management', 307:'decision has been made. pub. l. 95–452, §5, oct. 12, 1978, 92 stat. 1103; pub. l. 97–252, title xi, §1117c,', 308:'sept. 8, 1982, 96 stat. 752; pub. l. 100–504, title i, §§102g, 106, oct. 18, 1988, 102 stat. 2521, 2525;', 309:'pub. l. 104–208, div. a, title i, §101f [title viii, §805c], sept. 30, 1996, 110 stat. 3009–314, 3009393. references in', 310:'text section 05b of the federal financial management improvement act of 1996, referred to in subsec. a 13, probably means', 311:'section 101f [title viii, §804b] of title i of pub. l. 104–208, sept. 30, 1996, 110 stat. 3009–314, 3009392, which', 312:'relates to reports by the inspector general, and is set out in a note undersection 3512 of title 31, money', 313:'and finance. amendments 1996—subsec. a13. pub. l. 104–208 added par. 13. 1988—subsec. a6 to 12. pub. l. 100–504, §106a, added', 314:'pars. 6 to 12, and struck out formerpar. 6 which read as follows: a listing of each audit report completed', 315:'by the office during the reportingperiod. subsec. b. pub. l. 100–504, §106b, substituted head of the establishment containing— and pars.', 316:'1 to 4 for head of the establishment containing any comments such head deems appropriate. subsec. c. pub. l. 100–504,', 317:'§106c, inserted at end within 60 days after the transmission of thesemiannual reports of each establishment head to the congress,', 318:'the head of each establishment shall make copies of such report available to the public upon request and at a', 319:'reasonable cost. subsec. e3. pub. l. 100–504, §102g, substituted except to the extent and in the manner providedunder section 6103f', 320:'of the internal revenue code of 1986, nothing for nothing. subsec. f. pub. l. 100–504, §106d, added subsec. f. 1982—subsec.', 321:'e. pub. l. 97–252 added subsec. e. effective date of 1996 amendment amendment by pub. l. 104–208 effective for fiscal', 322:'year ending sept. 30, 1997, see section 101f [titleviii, §807] of pub. l. 104–208, set out in a federal financial', 323:'management improvement note under section3512 of title 31, money and finance. effective date of 1988 amendment section 113 of title', 324:'i of pub. l. 100–504 provided that: this title and the amendments made by this title[enacting sections 8b–8f of pub.', 325:'l. 95–452, set out in this appendix, amending sections 2, 4–6, 8, 9, and11 of pub. l. 95–452, set out', 326:'in this appendix, sections 5315 and 5316 of this title, sections 405 and 1105 of title31, money and finance, and', 327:'section 410 of title 39, postal service, repealing sections 3521–3527 and 7138 oftitle 42, the public health and welfare, and', 328:'section 231v of title 45, railroads, and enacting provisions setout as notes under sections 1, 8d, 8e, and 9 of', 329:'pub. l. 95–452, set out in this appendix] shall take effect180 days after the date of the enactment of this', 330:'title [oct. 18, 1988], except that section 5a6 through12 of the inspector general act of 1978 as amended by section', 331:'106a of this title and section 5b1 through 4 of the inspector general act of 1978 as amended by section', 332:'106b of this title shall take effect1 year after the date of the enactment of this title. prompt management decisions', 333:'and implementation of auditrecommendations pub. l. 103–355, title vi, §6009, oct. 13, 1994, 108 stat. 3367, as amended by pub.', 334:'l. 104–106, div. a, titleviii, §810, feb. 10, 1996, 110 stat. 394, provided that: a management decisions.—1 the head of', 335:'a federal agency shall make management decisions onall findings and recommendations set forth in an audit report of the inspector', 336:'general of the agency withina maximum of six months after the issuance of the report. 2 the head of a', 337:'federal agency shall make management decisions on all findings andrecommendations set forth in an audit report of any auditor from', 338:'outside the federal government within amaximum of six months after the date on which the head of the agency receives', 339:'the report. b completion of final action.—the head of a federal agency shall complete final action on eachmanagement decision required', 340:'with regard to a recommendation in an inspector generals report undersubsection a1 within 12 months after the date of the', 341:'inspector generals report. if the head of theagency fails to complete final action with regard to a management decision within', 342:'the 12month period, the inspector general concerned shall identify the matter in each of the inspector generals semiannualreports pursuant to', 343:'section 5a3 of the inspector general act of 1978 5 u.s.c. app. until final actionon the management decision is completed.', 344:'section referred to in other sections this section is referred to in title 26 section 7803; title 39 section 3013;', 345:'title 42 section 1320a–7d; title44 section 3903. 1 see references in text note below. §6. authority of inspector general; information', 346:'and assistance from federalagencies; unreasonable refusal; office space and equipment a in addition to the authority otherwise provided by this', 347:'act, each inspector general, in carrying out the provisionsof this act, is authorized— 1 to have access to all records,', 348:'reports, audits, reviews, documents, papers, recommendations, or other materialavailable to the applicable establishment which relate to programs and operations with', 349:'respect to which thatinspector general has responsibilities under this act; 2 to make such investigations and reports relating to the', 350:'administration of the programs and operations of theapplicable establishment as are, in the judgment of the inspector general, necessary or', 351:'desirable; 3 to request such information or assistance as may be necessary for carrying out the duties and responsibilitiesprovided by', 352:'this act from any federal, state, or local governmental agency or unit thereof; 4 to require by subpena the production', 353:'of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of', 354:'the functions assigned by this act, which subpena, in the case of contumacy or refusal to obey, shall be enforceable', 355:'by order of any appropriateunited states district court: provided, that procedures other than subpenas shall be used by the inspector', 356:'generalto obtain documents and information from federal agencies; 5 to administer to or take from any person an oath, affirmation,', 357:'or affidavit, whenever necessary in theperformance of the functions assigned by this act, which oath, affirmation, or affidavit when administered', 358:'or taken byor before an employee of an office of inspector general designated by the inspector general shall have the', 359:'sameforce and effect as if administered or taken by or before an officer having a seal; 6 to have direct', 360:'and prompt access to the head of the establishment involved when necessary for any purposepertaining to the performance of functions', 361:'and responsibilities under this act; 7 to select, appoint, and employ such officers and employees as may be necessary for', 362:'carrying out the functions, powers, and duties of the office subject to the provisions of title 5, united states code,', 363:'governing appointments inthe competitive service, and the provisions of chapter 51 and subchapter iii of chapter 53 of such title', 364:'relating toclassification and general schedule pay rates; 8 to obtain services as authorized by section 3109 of title 5, united', 365:'states code, at daily rates not to exceed theequivalent rate prescribed for grade gs–18 of the general schedule by section', 366:'5332 of title 5, united states code; and 9 to the extent and in such amounts as may be provided', 367:'in advance by appropriations acts, to enter intocontracts and other arrangements for audits, studies, analyses, and other services with public', 368:'agencies and withprivate persons, and to make such payments as may be necessary to carry out the provisions of this', 369:'act. b1 upon request of an inspector general for information or assistance under subsection a3, the head of anyfederal agency', 370:'involved shall, insofar as is practicable and not in contravention of any existing statutory restriction orregulation of the federal agency', 371:'from which the information is requested, furnish to such inspector general, or to anauthorized designee, such information or assistance. 2', 372:'whenever information or assistance requested under subsection a1 or a3 is, in the judgment of aninspector general, unreasonably refused or', 373:'not provided, the inspector general shall report the circumstances to thehead of the establishment involved without delay. c each head', 374:'of an establishment shall provide the office within such establishment with appropriate and adequateoffice space at central and field office', 375:'locations of such establishment, together with such equipment, office supplies, and communications facilities and services as may be necessary for', 376:'the operation of such offices, and shall providenecessary maintenance services for such offices and the equipment and facilities located therein.', 377:'d for purposes of the provisions of title 5, united states code, governing the senior executive service, anyreference in such', 378:'provisions to the appointing authority for a member of the senior executive service or for a seniorexecutive service position shall,', 379:'if such member or position is or would be within the office of an inspector general, bedeemed to be a', 380:'reference to such inspector general. pub. l. 95–452, §6, oct. 12, 1978, 92 stat. 1104; pub. l. 100–504, title i,', 381:'§§107, 110a, oct. 18, 1988, 102 stat. 2528, 2529. amendments 1988—subsec. a5 to 9. pub. l. 100–504, §107, added par.', 382:'5 and redesignated former pars. 5 to8 as 6 to 9, respectively. subsec. d. pub. l. 100–504, §110a, added subsec.', 383:'d. effective date of 1988 amendment amendment by pub. l. 100–504 effective 180 days after oct. 18, 1988, see section', 384:'113 of pub. l. 100– 504, set out as a note under section 5 of pub. l. 95–452 in this', 385:'appendix. references in other laws to gs–16, 17, or 18 pay rates references in laws to the rates of pay', 386:'for gs–16, 17, or 18, or to maximum rates of pay under thegeneral schedule, to be considered references to rates', 387:'payable under specified sections of this title, seesection 529 [title i, §101c1] of pub. l. 101–509, set out in a', 388:'note under section 5376 of this title. section referred to in other sections this section is referred to in title', 389:'7 section 2270; title 20 section 1082; title 22 section 3929; title 38section 7366; title 42 section 1320a–7c; title 44', 390:'section 3903. §7. complaints by employees; disclosure of identity; reprisals a the inspector general may receive and investigate complaints or', 391:'information from an employee of theestablishment concerning the possible existence of an activity constituting a violation of law, rules, or', 392:'regulations, ormismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to the public health andsafety.', 393:'b the inspector general shall not, after receipt of a complaint or information from an employee, disclose theidentity of the', 394:'employee without the consent of the employee, unless the inspector general determines such disclosureis unavoidable during the course of the', 395:'investigation. c any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall', 396:'not, with respect to such authority, take or threaten to take any action against any employee as a reprisal formaking', 397:'a complaint or disclosing information to an inspector general, unless the complaint was made or theinformation disclosed with the knowledge', 398:'that it was false or with willful disregard for its truth or falsity. pub. l. 95–452, §7, oct. 12, 1978,', 399:'92 stat. 1105. section referred to in other sections this section is referred to in title 15 section 657; title', 400:'44 section 3903. §8. additional provisions with respect to the inspector general of the departmentof defense a no member of', 401:'the armed forces, active or reserve, shall be appointed inspector general of the department ofdefense. b1 notwithstanding the last two', 402:'sentences of section 3a, the inspector general shall be under the authority, direction, and control of the secretary of defense', 403:'with respect to audits or investigations, or the issuance ofsubpoenas, which require access to information concerning— a sensitive operational plans;', 404:'b intelligence matters; c counterintelligence matters; d ongoing criminal investigations by other administrative units of the department of defense related', 405:'to nationalsecurity; or e other matters the disclosure of which would constitute a serious threat to national security. 2 with', 406:'respect to the information described in paragraph 1 the secretary of defense may prohibit the inspectorgeneral from initiating, carrying out,', 407:'or completing any audit or investigation, or from issuing any subpoena, after theinspector general has decided to initiate, carry out', 408:'or complete such audit or investigation or to issue such subpoena, if the secretary determines that such prohibition is necessary', 409:'to preserve the national security interests of the unitedstates. 3 if the secretary of defense exercises any power under paragraph', 410:'1 or 2, the inspector general shall submit astatement concerning such exercise within thirty days to the committees on armed', 411:'services and governmental affairsof the senate and the committee on armed services and the committee on government reform and oversight', 412:'of thehouse of representatives and to other appropriate committees or subcommittees of the congress. 4 the secretary shall, within thirty', 413:'days after submission of a statement under paragraph 3, transmit a statementof the reasons for the exercise of power under', 414:'paragraph 1 or 2 to the congressional committees specified inparagraph 3 and to other appropriate committees or subcommittees. c in', 415:'addition to the other duties and responsibilities specified in this act, the inspector general of the department ofdefense shall— 1', 416:'be the principal adviser to the secretary of defense for matters relating to the prevention and detection offraud, waste, and', 417:'abuse in the programs and operations of the department; 2 initiate, conduct, and supervise such audits and investigations in the', 418:'department of defense including themilitary departments as the inspector general considers appropriate; 3 provide policy direction for audits and investigations', 419:'relating to fraud, waste, and abuse and programeffectiveness; 4 investigate fraud, waste, and abuse uncovered as a result of other', 420:'contract and internal audits, as theinspector general considers appropriate; 5 develop policy, monitor and evaluate program performance, and provide guidance', 421:'with respect to alldepartment activities relating to criminal investigation programs; 6 monitor and evaluate the adherence of department auditors to', 422:'internal audit, contract audit, and internal reviewprinciples, policies, and procedures; 7 develop policy, evaluate program performance, and monitor actions taken', 423:'by all components of the departmentin response to contract audits, internal audits, internal review reports, and audits conducted by the', 424:'comptrollergeneral of the united states; 8 request assistance as needed from other audit, inspection, and investigative units of the department', 425:'ofdefense including military departments; and 9 give particular regard to the activities of the internal audit, inspection, and investigative units', 426:'of the militarydepartments with a view toward avoiding duplication and insuring effective coordination and cooperation. d notwithstanding section 4d, the', 427:'inspector general of the department of defense shall expeditiously reportsuspected or alleged violations of chapter 47 of title 10, united', 428:'states code uniform code of military justice, to thesecretary of the military department concerned or the secretary of defense. e', 429:'for the purposes of section 7, a member of the armed forces shall be deemed to be an employee of', 430:'thedepartment of defense, except that, when the coast guard operates as a service of another department or agency ofthe federal', 431:'government, a member of the coast guard shall be deemed to be an employee of such department oragency. f1 each', 432:'semiannual report prepared by the inspector general of the department of defense under section 5a shall include information concerning the', 433:'numbers and types of contract audits conducted by the department during thereporting period. each such report shall be transmitted by', 434:'the secretary of defense to the committees on armedservices and governmental affairs of the senate and the committee on armed', 435:'services and the committee ongovernment reform and oversight of the house of representatives and to other appropriate committees orsubcommittees of', 436:'the congress. 2 any report required to be transmitted by the secretary of defense to the appropriate committees orsubcommittees of', 437:'the congress under section 5d shall also be transmitted, within the sevenday period specified insuch section, to the congressional committees', 438:'specified in paragraph 1. g the provisions of section 1385 of title 18, united states code, shall not apply to', 439:'audits and investigationsconducted by, under the direction of, or at the request of the inspector general of the department of', 440:'defense to carryout the purposes of this act. pub. l. 95–452, §8, oct. 12, 1978, 92 stat. 1105; pub. l.', 441:'97–252, title xi, §1117b, sept. 8, 1982, 96 stat. 751; pub. l. 100–504, title i, §110b, oct. 18, 1988, 102', 442:'stat. 2529; pub. l. 104–106, div. a, title xv, §1502f6, feb. 10, 1996,110 stat. 510; pub. l. 106–65, div. a,', 443:'title x, §106717, oct. 5, 1999, 113 stat. 775. amendments 1999—subsecs. b3, f1. pub. l. 106–65 substituted and the committee', 444:'on armed services forand the committee on national security. 1996—subsec. b3. pub. l. 104–106, §1502f6a, substituted committee on national security', 445:'andthe committee on government reform and oversight for committees on armed services andgovernment operations. subsec. b4. pub. l. 104–106, §1502f6b,', 446:'substituted congressional committees specified inparagraph 3 for committees on armed services and governmental affairs of the senate and thecommittees on', 447:'armed services and government operations of the house of representatives. subsec. f1. pub. l. 104–106, §1502f6c, substituted committee on national', 448:'security and thecommittee on government reform and oversight for committees on armed services and governmentoperations. subsec. f2. pub. l. 104–106,', 449:'§1502f6d, substituted congressional committees specified inparagraph 1 for committees on armed services and governmental affairs of the senate and thecommittees', 450:'on armed services and government operations of the house of representatives. 1988—subsec. e. pub. l. 100–504 inserted provision at end', 451:'that when coast guard operates asservice of another department or agency of federal government, member of coast guard shall bedeemed', 452:'employee of such department or agency. 1982—pub. l. 97–252 amended section generally, substituting additional provisions relating to theinspector general of', 453:'the department of defense for provisions relating to semiannual reports of secretaryof defense on audit, investigative, and inspection units of', 454:'defense department, availability of suchreports to the public, exclusion of national security material, delegation of the secretarys duties, submittalof proposed', 455:'legislation, the establishment of a task force to study operation of audit, investigative andinspection units, membership in the task force,', 456:'and the submission of a comprehensive report by the taskforce to the secretary of defense and director of office of', 457:'management and budget, who were to submita final report to congress not later than april 1, 1980. change of name', 458:'committee on government reform and oversight of house of representatives changed to committeeon government reform of house of representatives by', 459:'house resolution no. 5, one hundred sixthcongress, jan. 6, 1999. effective date of 1988 amendment amendment by pub. l. 100–504', 460:'effective 180 days after oct. 18, 1988, see section 113 of pub. l. 100– 504, set out as a note', 461:'under section 5 of pub. l. 95–452 in this appendix. §8a. special provisions relating to the agency for international development', 462:'a in addition to the other duties and responsibilities specified in this act, the inspector general of the agency forinternational', 463:'development shall supervise, direct, and control all security activities relating to the programs and operations of that agency, subject to', 464:'the supervision of the administrator of that agency.1 b in addition to the assistant inspector generals provided for in section', 465:'3d of this act, the inspector general of theagency for international development shall, in accordance with applicable laws and regulations', 466:'governing the civilservice, appoint an assistant inspector general for security who shall have the responsibility for supervising theperformance of security', 467:'activities relating to programs and operations of the agency for international development. c in addition to the officers and employees', 468:'provided for in section 6a6 of this act, members of the foreignservice may, at the request of the inspector general', 469:'of the agency for international development, be assigned asemployees of the inspector general. members of the foreign service so assigned', 470:'shall be responsible solely to theinspector general, and the inspector general or his or her designee shall prepare the performance', 471:'evaluation reportsfor such members. d in establishing and staffing field offices pursuant to section 6c of this act, the administrator', 472:'of the agency forinternational development shall not be bound by overseas personnel ceilings established under the monitoringoverseas direct employment policy.', 473:'e the inspector general of the agency for international development shall be in addition to the officers provided forin section', 474:'624a of the foreign assistance act of 1961 [22 u.s.c. 2384a]. f as used in this act, the term agency', 475:'for international development includes any successor agency primarilyresponsible for administering part i of the foreign assistance act of 1961 [22', 476:'u.s.c. 2151 et seq. ].1 pub. l. 95–452, §8a, as added pub. l. 97–113, title vii, §705a3, dec. 29, 1981,', 477:'95 stat. 1544; amended pub. l. 105–277, div. g, subdiv. a, title xiv, §1422b2, oct. 21, 1998, 112 stat. 2681–792;', 478:'pub. l. 106–113, div. b, §1000a 7 [div. a, title ii, §205], nov. 29, 1999, 113 stat. 1536, 1501a422. references', 479:'in text the foreign assistance act of 1961, referred to in subsec. f, is pub. l. 87–195, sept. 4, 1961,', 480:'75 stat. 424, as amended. part i of the foreign assistance act of 1961 is classified generally to subchapter i§2151', 481:'et seq. of chapter 32 of title 22, foreign relations and intercourse. for complete classification ofthis act to the code,', 482:'see short title note set out under section 2151 of title 22 and tables. amendments 1999—subsec. a. pub. l. 106–113,', 483:'§1000a7 [title ii, §205a], which directed the amendment ofsubsec. a by striking and at the end of par. 1, striking', 484:'the period at the end of par. 2 and inserting; and, and adding a new par. 3 to read: shall', 485:'supervise, direct, and control audit and investigativeactivities relating to programs and operations within the interamerican foundation and the africandevelopment foundation.,', 486:'could not be executed because of the prior amendment by pub. l. 105–277, §1422b2a. see 1998 amendment note below. subsec.', 487:'f. pub. l. 106–113, §1000a7 [title ii, §205b], which directed insertion of , an employee ofthe interamerican foundation, and an', 488:'employee of the african development foundation before periodat end, was not executed because of the prior amendment by pub. l.', 489:'105–277, §1422b2b, c, whichstruck out the subsec. f to which the amendment was to be made. see 1998 amendment note', 490:'below. 1998—subsec. a. pub. l. 105–277, §1422b2a, struck out dash after agency for internationaldevelopment, struck out par. 1 designation before', 491:'shall supervise, substituted period for ; and afteradministrator of that agency, and struck out par. 2 which read as follows:', 492:'to the extent requested bythe director of the united states international development cooperation agency after consultation withthe administrator of the', 493:'agency for international development, shall supervise, direct, and control allaudit, investigative, and security activities relating to programs and operations within', 494:'the united statesinternational development cooperation agency. subsecs. c to h. pub. l. 105–277, §1422b2b, c, redesignated subsecs. d, e, g,', 495:'and h asc, d, e, and f, respectively, and struck out former subsecs. c and f which read as follows:', 496:'c the semiannual reports required to be submitted to the administrator of the agency forinternational development pursuant to section 5b', 497:'of this act shall also be submitted to the director ofthe united states international development cooperation agency. f the reference', 498:'in section 7a of this act to an employee of the establishment shall, with respect tothe inspector general of the', 499:'agency for international development, be construed to include an employeeof or under the united states international development cooperation agency. effective', 500:'date of 1998 amendment amendment by pub. l. 105–277 effective apr. 1, 1999, see section 1401 of pub. l. 105–277,', 501:'set out as aneffective date note under section 6561 of title 22, foreign relations and intercourse. 1 see 1999 amendment', 502:'note below. §8b. special provisions concerning the nuclear regulatory commission a the chairman of the commission may delegate the authority', 503:'specified in the second sentence of section 3a toanother member of the nuclear regulatory commission, but shall not delegate such', 504:'authority to any other officer oremployee of the commission. b notwithstanding sections 6a7 and 8, the inspector general of the', 505:'nuclear regulatory commission isauthorized to select, appoint, and employ such officers and employees as may be necessary for carrying out', 506:'thefunctions, powers and duties of the office of inspector general and to obtain the temporary or intermittent services ofexperts or', 507:'consultants or an organization thereof, subject to the applicable laws and regulations that govern suchselections, appointments and employment, and the', 508:'obtaining of such services, within the nuclear regulatorycommission. pub. l. 95–452, §8b, as added pub. l. 100–504, title i, §102f,', 509:'oct. 18, 1988, 102 stat. 2517. effective date section effective 180 days after oct. 18, 1988, see section 113 of', 510:'pub. l. 100–504, set out as aneffective date of 1988 amendment note under section 5 of pub. l. 95–452 in', 511:'this appendix. §8c. special provisions concerning the federal deposit insurance corporation a delegation.—the chairperson of the federal deposit insurance corporation', 512:'may delegate the authorityspecified in the second sentence of section 3a to the vice chairperson of the board of directors', 513:'of the federaldeposit insurance corporation, but may not delegate such authority to any other officer or employee of thecorporation. b', 514:'personnel.—notwithstanding paragraphs 7 and 8 of section 6a, the inspector general of the federaldeposit insurance corporation may select, appoint, and', 515:'employ such officers and employees as may be necessary forcarrying out the functions, powers, and duties of the office of', 516:'inspector general and to obtain the temporary orintermittent services of experts or consultants or an organization of experts or consultants,', 517:'subject to the applicablelaws and regulations that govern such selections, appointments, and employment, and the obtaining of such services, within', 518:'the federal deposit insurance corporation. pub. l. 95–452, §8c, as added pub. l. 103–204, §23a2, dec. 17, 1993, 107 stat.', 519:'2407. prior provisions a prior section 8c of the inspector general act of 1978 was renumbered section 8d by pub.', 520:'l. 103–204. §8d. special provisions concerning the department of the treasury a1 notwithstanding the last two sentences of section 3a,', 521:'the inspector general of the department of thetreasury shall be under the authority, direction, and control of the secretary of', 522:'the treasury with respect to audits orinvestigations, or the issuance of subpenas, which require access to sensitive information concerning— a', 523:'ongoing criminal investigations or proceedings; b undercover operations; c the identity of confidential sources, including protected witnesses; d deliberations and', 524:'decisions on policy matters, including documented information used as a basis for makingpolicy decisions, the disclosure of which could reasonably', 525:'be expected to have a significant influence on theeconomy or market behavior; e intelligence or counterintelligence matters; or f other', 526:'matters the disclosure of which would constitute a serious threat to national security or to the protectionof any person or', 527:'property authorized protection by section 3056 of title 18, united states code, section 202 of title 3, united states code,', 528:'or any provision of the presidential protection assistance act of 1976 18 u.s.c. 3056 note; public law 94–524. 2 with', 529:'respect to the information described under paragraph 1, the secretary of the treasury may prohibit theinspector general of the department', 530:'of the treasury from carrying out or completing any audit or investigation, or fromissuing any subpena, after such inspector general', 531:'has decided to initiate, carry out, or complete such audit orinvestigation or to issue such subpena, if the secretary determines', 532:'that such prohibition is necessary to prevent thedisclosure of any information described under paragraph 1 or to prevent significant impairment', 533:'to the nationalinterests of the united states. 3 if the secretary of the treasury exercises any power under paragraph 1', 534:'or 2, the secretary of the treasuryshall notify the inspector general of the department of the treasury in writing stating', 535:'the reasons for such exercise. within 30 days after receipt of any such notice, the inspector general of the department', 536:'of the treasury shall transmit a copy of such notice to the committees on governmental affairs and finance of the', 537:'senate and the committees ongovernment operations and ways and means of the house of representatives, and to other appropriate committeesor', 538:'subcommittees of the congress. 4 the secretary of the treasury may not exercise any power under paragraph 1 or 2', 539:'with respect to thetreasury inspector general for tax administration. b1 in carrying out the duties and responsibilities specified in this', 540:'act, the inspector general of the department ofthe treasury shall have oversight responsibility for the internal investigations performed by the', 541:'office of internal affairsof the bureau of alcohol, tobacco and firearms, the office of internal affairs of the united states', 542:'customs service, and the office of inspections of the united states secret service,.1 the head of each such office shall', 543:'promptly reportto the inspector general of the department of the treasury the significant activities being carried out by such office.', 544:'2 the inspector general of the department of the treasury shall exercise all duties and responsibilities of aninspector general for', 545:'the department of the treasury other than the duties and responsibilities exercised by thetreasury inspector general for tax administration. 3', 546:'the secretary of the treasury shall establish procedures under which the inspector general of the department ofthe treasury and the', 547:'treasury inspector general for tax administration will— a determine how audits and investigations are allocated in cases of overlapping jurisdiction;', 548:'and b provide for coordination, cooperation, and efficiency in the conduct of such audits and investigations. c notwithstanding subsection b,', 549:'the inspector general of the department of the treasury may initiate, conductand supervise such audits and investigations in the department', 550:'of the treasury including the bureaus and servicesreferred to in subsection b as the inspector general of the department of', 551:'the treasury considers appropriate. d if the inspector general of the department of the treasury initiates an audit or investigation', 552:'under subsection c concerning a bureau or service referred to in subsection b, the inspector general of the department of', 553:'the treasurymay provide the head of the office of such bureau or service referred to in subsection b with written', 554:'notice that theinspector general of the department of the treasury has initiated such an audit or investigation. if the inspectorgeneral', 555:'of the department of the treasury issues a notice under the preceding sentence, no other audit orinvestigation shall be initiated', 556:'into the matter under audit or investigation by the inspector general of the department ofthe treasury and any other audit', 557:'or investigation of such matter shall cease. e1 the treasury inspector general for tax administration shall have access to returns', 558:'and return information, asdefined in section 6103b of the internal revenue code of 1986 [26 u.s.c. 6103b], only in accordance', 559:'with theprovisions of section 6103 of such code [26 u.s.c. 6103] and this act. 2 the internal revenue service shall', 560:'maintain the same system of standardized records or accountings of allrequests from the treasury inspector general for tax administration for', 561:'inspection or disclosure of returns and returninformation including the reasons for and dates of such requests, and of returns and', 562:'return information inspected ordisclosed pursuant to such requests, as described under section 6103p3a of the internal revenue code of 1986[26', 563:'u.s.c. 6103p3a]. such system of standardized records or accountings shall also be available for examinationin the same manner as provided', 564:'under section 6103p3 of the internal revenue code of 1986. 3 the treasury inspector general for tax administration shall be', 565:'subject to the same safeguards and conditions forreceiving returns and return information as are described under section 6103p4 of the', 566:'internal revenue code of1986 [26 u.s.c. 6103p4]. f an audit or investigation conducted by the inspector general of the department', 567:'of the treasury or the treasuryinspector general for tax administration shall not affect a final decision of the secretary of', 568:'the treasury or his delegateunder section 6406 of the internal revenue code of 1986 [26 u.s.c. 6406]. g1 any report', 569:'required to be transmitted by the secretary of the treasury to the appropriate committees orsubcommittees of the congress under section', 570:'5d shall also be transmitted, within the sevenday period specifiedunder such section, to the committees on governmental affairs and finance', 571:'of the senate and the committees ongovernment reform and oversight and ways and means of the house of representatives. 2', 572:'any report made by the treasury inspector general for tax administration that is required to be transmitted by thesecretary of', 573:'the treasury to the appropriate committees or subcommittees of congress under section 5d shall alsobe transmitted, within the 7day period', 574:'specified under such subsection, to the internal revenue service oversightboard and the commissioner of internal revenue. h the treasury inspector', 575:'general for tax administration shall exercise all duties and responsibilities of an inspectorgeneral of an establishment with respect to the', 576:'department of the treasury and the secretary of the treasury on allmatters relating to the internal revenue service. the treasury', 577:'inspector general for tax administration shall have soleauthority under this act to conduct an audit or investigation of the internal', 578:'revenue service oversight board and thechief counsel for the internal revenue service. i in addition to the requirements of the', 579:'first sentence of section 3a, the treasury inspector general for taxadministration should have demonstrated ability to lead a large and', 580:'complex organization. j an individual appointed to the position of treasury inspector general for tax administration, the assistantinspector general for', 581:'auditing of the office of the treasury inspector general for tax administration under section 3d 1, the assistant inspector general', 582:'for investigations of the office of the treasury inspector general for taxadministration under section 3d2, or any position of deputy', 583:'inspector general of the office of the treasuryinspector general for tax administration may not be an employee of the internal', 584:'revenue service— 1 during the 2year period preceding the date of appointment to such position; or 2 during the 5year', 585:'period following the date such individual ends service in such position. k1 in addition to the duties and responsibilities exercised', 586:'by an inspector general of an establishment, thetreasury inspector general for tax administration— a shall have the duty to enforce', 587:'criminal provisions under section 7608b of the internal revenue code of 1986[26 u.s.c. 7608b]; b in addition to the functions', 588:'authorized under section 7608b2 of such code, may carry firearms; c shall be responsible for protecting the internal revenue service', 589:'against external attempts to corrupt orthreaten employees of the internal revenue service, but shall not be responsible for the conducting', 590:'of backgroundchecks and the providing of physical security; and d may designate any employee in the office of the treasury', 591:'inspector general for tax administration to enforcesuch laws and perform such functions referred to under subparagraphs a, b, and c.', 592:'2a in performing a law enforcement function under paragraph 1, the treasury inspector general for taxadministration shall report any reasonable', 593:'grounds to believe there has been a violation of federal criminal law to theattorney general at an appropriate time as', 594:'determined by the treasury inspector general for tax administration, notwithstanding section 4d. b in the administration of section 5d and', 595:'subsection g2 of this section, the secretary of the treasury maytransmit the required report with respect to the treasury inspector', 596:'general for tax administration at an appropriate timeas determined by the secretary, if the problem, abuse, or deficiency relates to—', 597:'i the performance of a law enforcement function under paragraph 1; and ii sensitive information concerning matters under subsection a1a', 598:'through f. 3 nothing in this subsection shall be construed to affect the authority of any other person to carry', 599:'out or enforceany provision specified in paragraph 1. l1 the commissioner of internal revenue or the internal revenue service oversight', 600:'board may request, inwriting, the treasury inspector general for tax administration to conduct an audit or investigation relating to theinternal', 601:'revenue service. if the treasury inspector general for tax administration determines not to conduct suchaudit or investigation, the inspector general', 602:'shall timely provide a written explanation for such determination to theperson making the request. 2a any final report of an', 603:'audit conducted by the treasury inspector general for tax administration shall be timelysubmitted by the inspector general to the commissioner', 604:'of internal revenue and the internal revenue serviceoversight board. b the treasury inspector general for tax administration shall periodically submit', 605:'to the commissioner and board alist of investigations for which a final report has been completed by the inspector general', 606:'and shall provide a copy ofany such report upon request of the commissioner or board. c this paragraph applies regardless', 607:'of whether the applicable audit or investigation is requested under paragraph1. pub. l. 95–452, §8d, formerly §8c, as added pub.', 608:'l. 100–504, title i, §102f, oct. 18, 1988, 102 stat. 2518; renumbered §8d, pub. l. 103–204, §23a3, dec. 17, 1993,', 609:'107 stat. 2408; amended pub. l. 105–206, title i, §1103b, e1, 2, july 22, 1998, 112 stat. 705, 709. references', 610:'in text the presidential protection assistance act of 1976, referred to in subsec. a1f, is pub. l. 94–524, oct. 17,', 611:'1976, 90 stat. 2475, which enacted and amended notes set out under section 3056 of title 18, crimes and criminal', 612:'procedure. for complete classification of this act to the code, see tables. prior provisions a prior section 8d of the', 613:'inspector general act of 1978 was renumbered section 8e by pub. l. 103–204. amendments 1998—subsec. a1. pub. l. 105–206, §1103e2ai,', 614:'inserted of the department of the treasury after inspector general in introductory provisions. subsec. a2. pub. l. 105–206, §1103e2aii, inserted', 615:'of the department of the treasury afterprohibit the inspector general. subsec. a3. pub. l. 105–206, §1103e2aiii, inserted of the department', 616:'of the treasury afterinspector general in two places. subsec. a4. pub. l. 105–206, §1103b1, added par. 4. subsec. b. pub.', 617:'l. 105–206, §1103e1, 2b, struck out and the internal audits and internalinvestigations performed by the office of assistant commissioner inspection', 618:'of the internal revenueservice after united states secret service, in first sentence, and inserted of the department of thetreasury after', 619:'inspector general in second sentence. pub. l. 105–206, §1103b2, designated existing provisions as par. 1 and added pars. 2 and', 620:'3. subsecs. c, d. pub. l. 105–206, §1103e2c, inserted of the department of the treasury afterinspector general wherever appearing. subsec.', 621:'e1. pub. l. 105–206, §1103b3a, substituted treasury inspector general for taxadministration for inspector general. subsec. e2. pub. l. 105–206, §1103b3b,', 622:'c, redesignated subpar. c as par. 2, substitutedtreasury inspector general for tax administration for inspector general, and struck out former', 623:'par. 2 introductory provisions and subpars. a and b, which required written notice to assistant commissionerinspection of inspector generals intent', 624:'to access returns and return information, that such noticeindicate specific returns or information being accessed, contain certification of need for', 625:'purposedescribed under section 6103h1 of this title, and identify those employees who may receive such returnsor information. former subpar. d', 626:'redesignated par. 3. subsec. e3. pub. l. 105–206, §1103b3d, redesignated subpar. d of par. 2 as par. 3 andsubstituted treasury', 627:'inspector general for tax administration for inspector general. subsec. f. pub. l. 105–206, §1103b4, substituted inspector general of the department', 628:'of thetreasury or the treasury inspector general for tax administration for inspector general. subsec. g. pub. l. 105–206, §1103b5, struck', 629:'out subsec. g which read as follows: notwithstanding section 4d, in matters involving chapter 75 of the internal revenue code', 630:'of 1986, theinspector general shall report expeditiously to the attorney general only offenses under section 7214 ofsuch code, unless the', 631:'inspector general obtains the consent of the commissioner of internal revenue toexercise additional reporting authority with respect to such chapter.', 632:'subsec. g1. pub. l. 105–206, §1103b6a, b, redesignated subsec. h as g1 and substitutedand the committees on government reform and', 633:'oversight and ways and means of the house ofrepresentatives for and the committees on government operations and ways and means', 634:'of thehouse of representatives. subsec. g2. pub. l. 105–206, §1103b6c, added par. 2. subsecs. h to l. pub. l. 105–206,', 635:'§1103b7, added subsecs. h to l. former subsec. h redesignated g1. change of name committee on government operations of house', 636:'of representatives treated as referring to committeeon government reform and oversight of house of representatives by section 1a of pub.', 637:'l. 104–14, setout as a note under section 21 of title 2, the congress. committee on government reform and oversightof', 638:'house of representatives changed to committee on government reform of house of representativesby house resolution no. 5, one hundred sixth', 639:'congress, jan. 6, 1999. effective date section effective 180 days after oct. 18, 1988, see section 113 of pub. l.', 640:'100–504, set out as aneffective date of 1988 amendment note under section 5 of pub. l. 95–452 in this appendix.', 641:'1 so in original. §8e. special provisions concerning the department of justice a1 notwithstanding the last two sentences of section', 642:'3a, the inspector general shall be under the authority, direction, and control of the attorney general with respect to audits', 643:'or investigations, or the issuance of subpenas, which require access to sensitive information concerning— a ongoing civil or criminal investigations', 644:'or proceedings; b undercover operations; c the identity of confidential sources, including protected witnesses; d intelligence or counterintelligence matters; or', 645:'e other matters the disclosure of which would constitute a serious threat to national security. 2 with respect to the', 646:'information described under paragraph 1, the attorney general may prohibit the inspectorgeneral from carrying out or completing any audit or', 647:'investigation, or from issuing any subpena, after such inspectorgeneral has decided to initiate, carry out, or complete such audit or', 648:'investigation or to issue such subpena, if theattorney general determines that such prohibition is necessary to prevent the disclosure of', 649:'any information describedunder paragraph 1 or to prevent the significant impairment to the national interests of the united states. 3', 650:'if the attorney general exercises any power under paragraph 1 or 2, the attorney general shall notify theinspector general in', 651:'writing stating the reasons for such exercise. within 30 days after receipt of any such notice, the inspector general shall', 652:'transmit a copy of such notice to the committees on governmental affairs and judiciary of thesenate and the committees on', 653:'government operations and judiciary of the house of representatives, and to otherappropriate committees or subcommittees of the congress. b in', 654:'carrying out the duties and responsibilities specified in this act, the inspector general of the department ofjustice— 1 may initiate,', 655:'conduct and supervise such audits and investigations in the department of justice as theinspector general considers appropriate; 2 shall give', 656:'particular regard to the activities of the counsel, office of professional responsibility of thedepartment and the audit, internal investigative, and', 657:'inspection units outside the office of inspector general with aview toward avoiding duplication and insuring effective coordination and cooperation; and', 658:'3 shall refer to the counsel, office of professional responsibility of the department for investigation, informationor allegations relating to the', 659:'conduct of an officer or employee of the department of justice employed in an attorney, criminal investigative, or law enforcement', 660:'position that is or may be a violation of law, regulation, or order of thedepartment or any other applicable standard', 661:'of conduct, except that no such referral shall be made if the officer oremployee is employed in the office of', 662:'professional responsibility of the department. c any report required to be transmitted by the attorney general to the appropriate committees', 663:'or subcommittees ofthe congress under section 5d shall also be transmitted, within the sevenday period specified under such section, tothe', 664:'committees on the judiciary and governmental affairs of the senate and the committees on the judiciary andgovernment operations of the', 665:'house of representatives. pub. l. 95–452, §8e, formerly §8d, as added pub. l. 100–504, title i, §102f, oct. 18, 1988,', 666:'102 stat. 2520; renumbered §8e, pub. l. 103–204, §23a3, dec. 17, 1993, 107 stat. 2408. prior provisions a prior section', 667:'8e of the inspector general act of 1978, relating to special provisions concerning thecorporation for national and community service, was', 668:'renumbered section 8f by pub. l. 103–204. another prior section 8e of the inspector general act of 1978, relating to', 669:'requirements for federalentities and designated federal entities, was successively renumbered section 8f by pub. l. 103–82, andsection 8g by pub.', 670:'l. 103–204. change of name committee on government operations of house of representatives treated as referring to committeeon government reform', 671:'and oversight of house of representatives by section 1a of pub. l. 104–14, setout as a note under section 21', 672:'of title 2, the congress. committee on government reform and oversightof house of representatives changed to committee on government reform', 673:'of house of representativesby house resolution no. 5, one hundred sixth congress, jan. 6, 1999. effective date section effective 180', 674:'days after oct. 18, 1988, see section 113 of pub. l. 100–504, set out as aneffective date of 1988 amendment', 675:'note under section 5 of pub. l. 95–452 in this appendix. transfer of 20 investigation positions within department of justice', 676:'section 102h of pub. l. 100–504 provided that: no later than 90 days after the date of appointment ofthe inspector', 677:'general of the department of justice, the inspector general shall designate 20 fulltimeinvestigation positions which the attorney general may transfer', 678:'from the office of inspector general ofthe department of justice to the office of professional responsibility of the department of', 679:'justice for theperformance of functions described under section 8db3 [now 8eb3] of the inspector general act of1978 [subsec. b3 of', 680:'this section]. any personnel who are transferred pursuant to this subsection, andwho, at the time of being so transferred, are', 681:'protected from reduction in classification or compensationunder section 9c of such act [section 9c of pub. l. 95–452, set out', 682:'in this appendix], shall continue to beso protected for 1 year after the date of transfer pursuant to this subsection.', 683:'§8f. special provisions concerning the corporation for national and communityservice a notwithstanding the provisions of paragraphs 7 and 8 of', 684:'section 6a, it is within the exclusive jurisdiction ofthe inspector general of the corporation for national and community service to—', 685:'1 appoint and determine the compensation of such officers and employees in accordance with section 195b 1of the national and', 686:'community service trust act of 1993; and 2 procure the temporary and intermittent services of and compensate such experts and', 687:'consultants, inaccordance with section 3109b of title 5, united states code, as may be necessary to carry out the functions,', 688:'powers, and duties of the inspector general. b no later than the date on which the chief executive officer of', 689:'the corporation for national and communityservice transmits any report to the congress under subsection a or b of section 5,', 690:'the chief executive officer shalltransmit such report to the board of directors of such corporation. c no later than the', 691:'date on which the chief executive officer of the corporation for national and communityservice transmits a report described under section', 692:'5b to the board of directors as provided under subsection b ofthis section, the chief executive officer shall also transmit', 693:'any audit report which is described in the statement requiredunder section 5b4 to the board of directors. all such audit', 694:'reports shall be placed on the agenda for review at thenext scheduled meeting of the board of directors following such', 695:'transmittal. the chief executive officer of thecorporation shall be present at such meeting to provide any information relating to such', 696:'audit reports. d no later than the date on which the inspector general of the corporation for national and community', 697:'servicereports a problem, abuse, or deficiency under section 5d to the chief executive officer of the corporation, the chiefexecutive officer', 698:'shall report such problem, abuse, or deficiency to the board of directors. pub. l. 95–452, §8f, formerly §8e, as added', 699:'pub. l. 103–82, title ii, §202g1, sept. 21, 1993, 107 stat. 889; renumbered §8f, pub. l. 103–204, §23a3, dec. 17,', 700:'1993, 107 stat. 2408. references in text section 195b of the national and community service trust act of 1993, referred', 701:'to in subsec. a1, probably means section 195b of the national and community service act of 1990, pub. l. 101–610,', 702:'which was enacted by section 202a of the national and community service trust act of 1993, pub. l. 103–82, and', 703:'is classified to section 12651fb of title 42, the public health and welfare. codification pub. l. 103–204, §23a4, dec. 17,', 704:'1993, 107 stat. 2408, which directed the amendment of section 8fa 2 by striking out the federal deposit insurance corporation,,', 705:'could not be executed to this sectionbecause the quoted language does not appear. however, the amendment was executed to section', 706:'8ga 2 of the inspector general act of 1978 relating to requirements for federal entities and designatedfederal entities, to reflect', 707:'the probable intent of congress and the successive renumbering of that sectionas section 8f by pub. l. 103–82 and as', 708:'section 8g by pub. l. 103–204. prior provisions a prior section 8f of the inspector general act of 1978, relating', 709:'to requirements for federal entities anddesignated federal entities, was renumbered section 8g by pub. l. 103–204. another prior section 8f', 710:'of the inspector general act of 1978, relating to rule of construction of specialprovisions, was renumbered section 8i. effective date', 711:'section effective oct. 1, 1993, see section 202i of pub. l. 103–82, set out as a note under section 12651of', 712:'title 42, the public health and welfare. section referred to in other sections this section is referred to in title', 713:'42 sections 12651b, 12651d, 12651f. 1 see references in text note below. §8g. requirements for federal entities and designated federal', 714:'entities a notwithstanding section 11 of this act, as used in this section— 1 the term federal entity means any', 715:'government corporation within the meaning of section 1031 of title 5, united states code, any government controlled corporation within the', 716:'meaning of section 1032 of such title, orany other entity in the executive branch of the government, or any independent', 717:'regulatory agency, but does notinclude— a an establishment as defined under section 112 of this act or part of an', 718:'establishment; b a designated federal entity as defined under paragraph 2 of this subsection or part of a designatedfederal entity;', 719:'c the executive office of the president; d the central intelligence agency; e the general accounting office; or f any', 720:'entity in the judicial or legislative branches of the government, including the administrative office of theunited states courts and the', 721:'architect of the capitol and any activities under the direction of the architect of thecapitol; 2 the term designated federal', 722:'entity means amtrak, the appalachian regional commission, the board ofgovernors of the federal reserve system, the board for international broadcasting,', 723:'the commodity futures tradingcommission, the consumer product safety commission, the corporation for public broadcasting, the denalicommission, the equal employment opportunity', 724:'commission, the farm credit administration, the federalcommunications commission, the federal election commission, the federal housing finance board, the federallabor relations', 725:'authority, the federal maritime commission, the federal trade commission, the legal servicescorporation, the national archives and records administration, the national', 726:'credit union administration, thenational endowment for the arts, the national endowment for the humanities, the national labor relations board, the', 727:'national science foundation, the panama canal commission, the peace corps, the pension benefit guarantycorporation, the securities and exchange commission, the', 728:'smithsonian institution, the tennessee valley authority, the united states international trade commission, and the united states postal service; 3 the', 729:'term head of the federal entity means any person or persons designated by statute as the head of afederal entity,', 730:'and if no such designation exists, the chief policymaking officer or board of a federal entity asidentified in the list', 731:'published pursuant to subsection h1 of this section; 4 the term head of the designated federal entity means any person', 732:'or persons designated by statute as thehead of a designated federal entity and if no such designation exists, the chief', 733:'policymaking officer or board of adesignated federal entity as identified in the list published pursuant to subsection h1 of this', 734:'section, except that— a with respect to the national science foundation, such term means the national science board; and b', 735:'with respect to the united states postal service, such term means the governors within the meaning ofsection 1023 of title', 736:'39, united states code; 5 the term office of inspector general means an office of inspector general of a designated', 737:'federal entity; and 6 the term inspector general means an inspector general of a designated federal entity. b no later', 738:'than 180 days after the date of the enactment of this section [oct. 18, 1988], there shall be establishedand maintained', 739:'in each designated federal entity an office of inspector general. the head of the designated federalentity shall transfer to such', 740:'office the offices, units, or other components, and the functions, powers, or duties thereof, that such head determines are properly', 741:'related to the functions of the office of inspector general and would, if sotransferred, further the purposes of this section.', 742:'there shall not be transferred to such office any program operatingresponsibilities. c except as provided under subsection f of this', 743:'section, the inspector general shall be appointed by the head ofthe designated federal entity in accordance with the applicable laws', 744:'and regulations governing appointments withinthe designated federal entity. d each inspector general shall report to and be under the general', 745:'supervision of the head of the designatedfederal entity, but shall not report to, or be subject to supervision by, any', 746:'other officer or employee of such designatedfederal entity. the head of the designated federal entity shall not prevent or prohibit', 747:'the inspector general frominitiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course', 748:'of anyaudit or investigation. e if an inspector general is removed from office or is transferred to another position or', 749:'location within a designatedfederal entity, the head of the designated federal entity shall promptly communicate in writing the reasons for', 750:'anysuch removal or transfer to both houses of the congress. f1 for purposes of carrying out subsection c with respect', 751:'to the united states postal service, the appointmentprovisions of section 202e of title 39, united states code, shall be applied.', 752:'2 in carrying out the duties and responsibilities specified in this act, the inspector general of the united statespostal service', 753:'hereinafter in this subsection referred to as the inspector general shall have oversight responsibilityfor all activities of the postal inspection', 754:'service, including any internal investigation performed by the postal inspectionservice. the chief postal inspector shall promptly report the significant activities', 755:'being carried out by the postalinspection service to such inspector general. 3ai 1 notwithstanding subsection d, the inspector general shall', 756:'be under the authority, direction, and control ofthe governors with respect to audits or investigations, or the issuance of subpoenas,', 757:'which require access to sensitiveinformation concerning— i ongoing civil or criminal investigations or proceedings; ii undercover operations; iii the identity', 758:'of confidential sources, including protected witnesses; iv intelligence or counterintelligence matters; or v other matters the disclosure of which would', 759:'constitute a serious threat to national security. ii with respect to the information described under clause i, the governors may', 760:'prohibit the inspector general fromcarrying out or completing any audit or investigation, or from issuing any subpoena, after such inspector', 761:'general hasdecided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if the governors', 762:'determine that such prohibition is necessary to prevent the disclosure of any information described under clause i orto prevent the', 763:'significant impairment to the national interests of the united states. iii if the governors exercise any power under clause i', 764:'or ii, the governors shall notify the inspector general inwriting stating the reasons for such exercise. within 30 days after', 765:'receipt of any such notice, the inspector generalshall transmit a copy of such notice to the committee on governmental affairs', 766:'of the senate and the committee ongovernment reform and oversight of the house of representatives, and to other appropriate committees', 767:'orsubcommittees of the congress. b in carrying out the duties and responsibilities specified in this act, the inspector general— i', 768:'may initiate, conduct and supervise such audits and investigations in the united states postal service as theinspector general considers appropriate;', 769:'and ii shall give particular regard to the activities of the postal inspection service with a view toward avoidingduplication and', 770:'insuring effective coordination and cooperation. c any report required to be transmitted by the governors to the appropriate committees or', 771:'subcommittees of thecongress under section 5d shall also be transmitted, within the sevenday period specified under such section, to thecommittee', 772:'on governmental affairs of the senate and the committee on government reform and oversight of thehouse of representatives. 3 1', 773:'nothing in this act shall restrict, eliminate, or otherwise adversely affect any of the rights, privileges, or benefitsof either employees', 774:'of the united states postal service, or labor organizations representing employees of the unitedstates postal service, under chapter 12 of', 775:'title 39, united states code, the national labor relations act, anyhandbook or manual affecting employee labor relations with the united', 776:'states postal service, or any collectivebargaining agreement. 4 as used in this subsection, the term governors has the meaning given', 777:'such term by section 1023 of title 39, united states code. g1 sections 4, 5, 6 other than subsections a7', 778:'and a8 thereof, and 7 of this act shall apply to eachinspector general and office of inspector general of a', 779:'designated federal entity and such sections shall be applied toeach designated federal entity and head of the designated federal entity', 780:'as defined under subsection a bysubstituting— a designated federal entity for establishment; and b head of the designated federal entity', 781:'for head of the establishment. 2 in addition to the other authorities specified in this act, an inspector general is', 782:'authorized to select, appoint, andemploy such officers and employees as may be necessary for carrying out the functions, powers, and', 783:'duties of theoffice of inspector general and to obtain the temporary or intermittent services of experts or consultants or anorganization', 784:'thereof, subject to the applicable laws and regulations that govern such selections, appointments, andemployment, and the obtaining of such services,', 785:'within the designated federal entity. 3 notwithstanding the last sentence of subsection d of this section, the provisions of subsection', 786:'a of section 8cother than the provisions of subparagraphs a, b, c, and e of subsection a1 shall apply to', 787:'the inspectorgeneral of the board of governors of the federal reserve system and the chairman of the board of governors', 788:'of thefederal reserve system in the same manner as such provisions apply to the inspector general of the department ofthe', 789:'treasury and the secretary of the treasury, respectively. h1 no later than april 30, 1989, and annually thereafter, the director', 790:'of the office of management and budget, after consultation with the comptroller general of the united states, shall publish in', 791:'the federal register a list of thefederal entities and designated federal entities and the head of each such entity as', 792:'defined under subsection a ofthis section. 2 beginning on october 31, 1989, and on october 31 of each succeeding calendar', 793:'year, the head of each federalentity as defined under subsection a of this section shall prepare and transmit to the', 794:'director of the office ofmanagement and budget and to each house of the congress a report which— a states whether', 795:'there has been established in the federal entity an office that meets the requirements of thissection; b specifies the actions', 796:'taken by the federal entity otherwise to ensure that audits are conducted of its programsand operations in accordance with the', 797:'standards for audit of governmental organizations, programs, activities, andfunctions issued by the comptroller general of the united states, and includes', 798:'a list of each audit report completedby a federal or nonfederal auditor during the reporting period and a summary of', 799:'any particularly significantfindings; and c summarizes any matters relating to the personnel, programs, and operations of the federal entity referred', 800:'toprosecutive authorities, including a summary description of any preliminary investigation conducted by or at therequest of the federal entity concerning', 801:'these matters, and the prosecutions and convictions which have resulted. pub. l. 95–452, §8g, formerly §8e, as added pub. l.', 802:'100–504, title i, §104a, oct. 18, 1988, 102 stat. 2522; amended pub. l. 101–73, title vii, §702c, aug. 9, 1989,', 803:'103 stat. 415; renumbered §8f and amended pub. l. 103– 82, title ii, §202g1, 2a, sept. 21, 1993, 107 stat.', 804:'889, 890; renumbered §8g and amended pub. l. 103–204, §23a3, 4, dec. 17, 1993, 107 stat. 2408; pub. l. 104–88,', 805:'title iii, §319, dec. 29, 1995, 109 stat. 949; pub. l. 104– 208, div. a, title i, §101f [title vi,', 806:'§662b1, 2], sept. 30, 1996, 110 stat. 3009–314, 3009379; pub. l. 105–134, title iv, §409a1, dec. 2, 1997, 111 stat.', 807:'2586; pub. l. 105–277, div. c, title iii, §306h, as added pub. l. 106–31, title i, §105a5, may 21, 1999,', 808:'113 stat. 63. amendment of subsection a2 pub. l. 105–134, title iv, §409a, dec. 2, 1997, 111 stat. 2586, provided', 809:'that effective at beginning of first fiscal yearafter fiscal year for which amtrak receives no federal subsidy, subsection a2 of', 810:'this section is amended by strikingamtrak,. references in text the national labor relations act, referred to in subsec. f3, is', 811:'act july 5, 1935, ch. 372, 49 stat. 449, as amended, which is classified generally to subchapter ii §151 et', 812:'seq. of chapter 7 of title 29, labor. forcomplete classification of this act to the code, see section 167 of', 813:'title 29 and tables. prior provisions a prior section 8g of the inspector general act of 1978 was renumbered section', 814:'8i. amendments 1998—subsec. a2. pub. l. 105–277, §306h, as added by pub. l. 106–31, inserted the denalicommission, after the corporation', 815:'for public broadcasting,. 1996—subsec. a4. pub. l. 104–208, §101f [title vi, §662b1], substituted except that— andsubpars. a and b for', 816:'except that with respect to the national science foundation, such term meansthe national science board;. subsec. f. pub. l. 104–208,', 817:'§101f [title vi, §662b2], amended subsec. f generally. prior toamendment, subsec. f read as follows: 1 the chief postal inspector', 818:'of the united states postal service shall also hold the position ofinspector general of the united states postal service, and', 819:'for purposes of this section, shall report to, and be under the general supervision of, the postmaster general of the', 820:'united states postal service. the postmaster general, in consultation with the governors of the united states postal service, shallappoint the', 821:'chief postal inspector. the postmaster general, with the concurrence of the governors of theunited states postal service, shall have power', 822:'to remove the chief postal inspector or transfer the chiefpostal inspector to another position or location within the united states', 823:'postal service. if the chief postalinspector is removed or transferred in accordance with this subsection, the postmaster general shallpromptly notify', 824:'both houses of the congress in writing of the reasons for such removal or transfer. 2 for purposes of paragraph', 825:'1, the term governors has the same meaning as such term is definedunder section 1023 of title 39, united states', 826:'code. 1995—subsec. a2. pub. l. 104–88 struck out the interstate commerce commission, after federaltrade commission,. 1993—subsec. a2. pub. l. 103–204,', 827:'§23a4, which directed the amendment of section 8fa2 bystriking the federal deposit insurance corporation,, was executed by striking the quoted', 828:'language as itappeared after federal communications commission, in subsec. a2 of this section, to reflect theprobable intent of congress and', 829:'the successive renumbering of this section as section 8f of theinspector general act of 1978 by pub. l. 103–82 and', 830:'as section 8g by pub. l. 103–204. see codificationnote set out under section 8f of the inspector general act of', 831:'1978 in this appendix. pub. l. 103–82, §202g2a, struck out action, before amtrak,. 1989—subsec. a2. pub. l. 101–73 substituted federal', 832:'housing finance board for federal homeloan bank board. change of name committee on government reform and oversight of house of', 833:'representatives changed to committeeon government reform of house of representatives by house resolution no. 5, one hundred sixthcongress, jan. 6,', 834:'1999. effective date of 1997 amendment section 409a2 of pub. l. 105–134 provided that: the amendment made by paragraph 1', 835:'[amendingthis section] shall take effect at the beginning of the first fiscal year after a fiscal year for which amtrakreceives', 836:'no federal subsidy. effective date of 1995 amendment amendment by pub. l. 104–88 effective jan. 1, 1996, see section 2', 837:'of pub. l. 104–88, set out as aneffective date note under section 701 of title 49, transportation. effective date of', 838:'1993 amendment section 202g2b of pub. l. 103–82 provided that: this paragraph [amending this section] shall takeeffect on the effective', 839:'date of section 203c2. [section 203c2 of pub. l. 103–82 is effective 18months after sept. 21, 1993, or on such', 840:'earlier date as the president shall determine to be appropriateand announce by proclamation in the federal register, see section 203d', 841:'of pub. l. 103–82, set out as anote under section 12651 of title 42, the public health and welfare.] effective', 842:'date section effective 180 days after oct. 18, 1988, see section 113 of pub. l. 100–504, set out as aneffective', 843:'date of 1988 amendment note under section 5 of pub. l. 95–452 in this appendix. amtrak not federal entity; federal', 844:'subsidy section 409b, c of pub. l. 105–134 provided that: b amtrak not federal entity.—amtrak shall not be considered a', 845:'federal entity for purposes of theinspector general act of 1978 [pub. l. 95–452, set out in this appendix]. the preceding', 846:'sentence shallapply for any fiscal year for which amtrak receives no federal subsidy. c federal subsidy.— 1 assessment.—in any fiscal', 847:'year for which amtrak requests federal assistance, the inspectorgeneral of the department of transportation shall review amtraks operations and conduct', 848:'anassessment similar to the assessment required by section 202a [pub. l. 105–134, 49 u.s.c. 24101 note]. the inspector general shall', 849:'report the results of the review and assessment to— a the president of amtrak; b the secretary of transportation; c', 850:'the united states senate committee on appropriations; d the united states senate committee on commerce, science, and transportation; e the', 851:'united states house of representatives committee on appropriations; and f the united states house of representatives committee on transportation andinfrastructure.', 852:'2 report.—the report shall be submitted, to the extent practicable, before any such committeereports legislation authorizing or appropriating funds for', 853:'amtrak for capital acquisition, development, oroperating expenses. 3 special effective date.—this subsection takes effect 1 year after the date of', 854:'enactment of thisact [dec. 2, 1997]. report on implementation section 111 of pub. l. 100–504 directed the head of each', 855:'designated federal entity as defined undersubsec. a2 of this section to submit, on oct. 31, 1989, to director of office', 856:'of management andbudget and to each house of congress a report on status of implementation by that entity of therequirements', 857:'of section 8e of the inspector general act of 1978. section referred to in other sections this section is referred', 858:'to in title 39 sections 202, 1003; title 41 section 254d; title 42 section 8262f. 1 so in original. two', 859:'pars. 3 have been enacted. §8h. additional provisions with respect to inspectors general of the intelligencecommunity a1a an employee of', 860:'the defense intelligence agency, the national imagery and mapping agency, the nationalreconnaissance office, or the national security agency, or of', 861:'a contractor of any of those agencies, who intends toreport to congress a complaint or information with respect to an', 862:'urgent concern may report the complaint orinformation to the inspector general of the department of defense or designee. b an', 863:'employee of the federal bureau of investigation, or of a contractor of the bureau, who intends to report tocongress a', 864:'complaint or information with respect to an urgent concern may report the complaint or information to theinspector general of the', 865:'department of justice or designee. c any other employee of, or contractor to, an executive agency, or element or unit', 866:'thereof, determined by thepresident under section 2302a2cii of title 5, united states code, to have as its principal function the', 867:'conduct offoreign intelligence or counterintelligence activities, who intends to report to congress a complaint or information withrespect to an urgent', 868:'concern may report the complaint or information to the appropriate inspector general ordesignee under this act or section 17 of', 869:'the central intelligence agency act of 1949 [50 u.s.c. 403q]. 2 if a designee of an inspector general under this', 870:'section receives a complaint or information of an employee withrespect to an urgent concern, that designee shall report the complaint', 871:'or information to the inspector general within 7calendar days of receipt. b not later than the end of the 14calendar', 872:'day period beginning on the date of receipt of an employee complaint orinformation under subsection a, the inspector general shall', 873:'determine whether the complaint or information appearscredible. if the inspector general determines that the complaint or information appears credible, the', 874:'inspector generalshall, before the end of such period, transmit the complaint or information to the head of the establishment. c', 875:'upon receipt of a transmittal from the inspector general under subsection b, the head of the establishmentshall, within 7 calendar', 876:'days of such receipt, forward such transmittal to the intelligence committees, together with anycomments the head of the establishment considers', 877:'appropriate. d1 if the inspector general does not transmit, or does not transmit in an accurate form, the complaint orinformation', 878:'described in subsection b, the employee subject to paragraph 2 may submit the complaint orinformation to congress by contacting either', 879:'or both of the intelligence committees directly. 2 the employee may contact the intelligence committees directly as described in paragraph', 880:'1 only if theemployee— a before making such a contact, furnishes to the head of the establishment, through the inspector', 881:'general, astatement of the employees complaint or information and notice of the employees intent to contact the intelligencecommittees directly; and', 882:'b obtains and follows from the head of the establishment, through the inspector general, direction on how tocontact the intelligence', 883:'committees in accordance with appropriate security practices. 3 a member or employee of one of the intelligence committees who receives', 884:'a complaint or information underparagraph 1 does so in that member or employees official capacity as a member or employee', 885:'of that committee. e the inspector general shall notify an employee who reports a complaint or information under this section', 886:'of eachaction taken under this section with respect to the complaint or information. such notice shall be provided not later', 887:'than3 days after any such action is taken. f an action taken by the head of an establishment or an', 888:'inspector general under this section shall not be subject tojudicial review. g in this section: 1 the term urgent concern', 889:'means any of the following: a a serious or flagrant problem, abuse, violation of law or executive order, or deficiency', 890:'relating to the funding, administration, or operations of an intelligence activity involving classified information, but does not includedifferences of opinions', 891:'concerning public policy matters. b a false statement to congress, or a willful withholding from congress, on an issue of', 892:'material fact relating tothe funding, administration, or operation of an intelligence activity. c an action, including a personnel action described', 893:'in section 2302a2a of title 5, united states code, constituting reprisal or threat of reprisal prohibited under section 7c in', 894:'response to an employees reporting anurgent concern in accordance with this section. 2 the term intelligence committees means the permanent', 895:'select committee on intelligence of the house ofrepresentatives and the select committee on intelligence of the senate. pub. l. 95–452,', 896:'§8h, as added pub. l. 105–272, title vii, §702b1, oct. 20, 1998, 112 stat. 2415. prior provisions a prior section', 897:'8h of the inspector general act of 1978 was renumbered section 8i. congressional findings pub. l. 105–272, title vii, §701b,', 898:'oct. 20, 1998, 112 stat. 2413, provided that: the congress finds that— 1 national security is a shared responsibility, requiring', 899:'joint efforts and mutual respect bycongress and the president; 2 the principles of comity between the branches of government apply', 900:'to the handling of nationalsecurity information; 3 congress, as a coequal branch of government, is empowered by the constitution to', 901:'serve asa check on the executive branch; in that capacity, it has a need to know of allegations of wrongdoingwithin', 902:'the executive branch, including allegations of wrongdoing in the intelligence community; 4 no basis in law exists for requiring prior', 903:'authorization of disclosures to the intelligencecommittees of congress by employees of the executive branch of classified information aboutwrongdoing within the', 904:'intelligence community; 5 the risk of reprisal perceived by employees and contractors of the intelligence community forreporting serious or flagrant', 905:'problems to congress may have impaired the flow of information neededby the intelligence committees to carry out oversight responsibilities; and', 906:'6 to encourage such reporting, an additional procedure should be established that provides ameans for such employees and contractors to', 907:'report to congress while safeguarding the classifiedinformation involved in such reporting. §8i. rule of construction of special provisions the special', 908:'provisions under section 8, 8a, 8b, 8c, 8d, 8e, 8f, or 8h of this act relate only to the establishmentnamed', 909:'in such section and no inference shall be drawn from the presence or absence of a provision in any suchsection', 910:'with respect to an establishment not named in such section or with respect to a designated federal entity asdefined under', 911:'section 8ga. pub. l. 95–452, §8i, formerly §8f, as added pub. l. 100–504, title i, §105, oct. 18, 1988, 102', 912:'stat. 2525; renumbered §8g and amended pub. l. 103–82, title ii, §202g1, 5b, sept. 21, 1993, 107 stat. 889, 890;', 913:'renumbered §8h, pub. l. 104–208, div. a, title i, §101f [title vi, §662b3], sept. 30, 1996, 110 stat. 3009–314, 3009380;', 914:'pub. l. 105–206, title i, §1103e3, july 22, 1998, 112 stat. 709; renumbered §8i and amended pub. l. 105–272, title', 915:'vii, §702b, oct. 20, 1998, 112 stat. 2415. codification pub. l. 105–206, §1103e3a, which directed that this section be renumbered', 916:'as 8h, could not beexecuted because of a prior renumbering by pub. l. 104–208. amendments 1998—pub. l. 105–272, §702b2, which', 917:'directed the amendment of this section by substituting 8e, or8h for or 8e, was executed by substituting , 8f, or', 918:'8h for or 8f, to reflect the probable intent ofcongress and the amendment by pub. l. 105–206, §1103e3b. see below.', 919:'pub. l. 105–206, §1103e3c, substituted section 8ga for section 8fa. pub. l. 105–206, §1103e3b, substituted 8e or 8f for or', 920:'8e. 1993—pub. l. 103–82, §202g5b, substituted 8d, or 8e for or 8d and section 8fa for section8ea. effective date of', 921:'1993 amendment amendment by section 202g5b of pub. l. 103–82 effective oct. 1, 1993, see section 202i of pub. l.', 922:'103–82, set out as an effective date note under section 12651 of title 42, the public health and welfare. effective', 923:'date section effective 180 days after oct. 18, 1988, see section 113 of pub. l. 100–504, set out as aneffective', 924:'date of 1988 amendment note under section 5 of pub. l. 95–452 in this appendix. §9. transfer of functions a', 925:'there shall be transferred— 1 to the office of inspector general— a of the department of agriculture, the offices of', 926:'that department referred to as the office of investigation andthe office of audit; b of the department of commerce, the', 927:'offices of that department referred to as the office of audits and theinvestigations and inspections staff and that portion of', 928:'the office referred to as the office of investigations andsecurity which has responsibility for investigation of alleged criminal violations and', 929:'program abuse; c of the department of defense, the offices of that department referred to as the defense audit service', 930:'andthe office of inspector general, defense logistics agency, and that portion of the office of that departmentreferred to as the', 931:'defense investigative service which has responsibility for the investigation of alleged criminalviolations; d of the department of education, all functions', 932:'of the inspector general of health, education, and welfare orof the office of inspector general of health, education, and welfare', 933:'relating to functions transferred by section301 of the department of education organization act [20 u.s.c. 3441]; e of the department', 934:'of energy, the office of inspector general as established by section 208 of thedepartment of energy organization act; f of', 935:'the department of health and human services, the office of inspector general as established by title ii ofpublic law 94–505;', 936:'g of the department of housing and urban development, the office of that department referred to as theoffice of inspector', 937:'general; h of the department of the interior, the office of that department referred to as the office of audit', 938:'andinvestigation; i of the department of justice, the offices of that department referred to as i the audit staff, justicemanagement', 939:'division, ii the policy and procedures branch, office of the comptroller, immigration andnaturalization service, the office of professional responsibility, immigration', 940:'and naturalization service, and theoffice of program inspections, immigration and naturalization service, iii the office of internal inspection, united states', 941:'marshals service, iv the financial audit section, office of financial management, bureau ofprisons and the office of inspections, bureau of', 942:'prisons, and v from the drug enforcement administration, thatportion of the office of inspections which is engaged in internal audit', 943:'activities, and that portion of the office ofplanning and evaluation which is engaged in program review activities; j of the', 944:'department of labor, the office of that department referred to as the office of special investigations; k of the department', 945:'of transportation, the offices of that department referred to as the office of investigationsand security and the office of audit', 946:'of the department, the offices of investigations and security, federalaviation administration, and external audit divisions, federal aviation administration, the investigationsdivision', 947:'and the external audit division of the office of program review and investigation, federal highwayadministration, and the office of program', 948:'audits, urban mass transportation administration; li of the department of the treasury, the office of that department referred to as', 949:'the office of inspectorgeneral, and, notwithstanding any other provision of law, that portion of each of the offices of that', 950:'departmentreferred to as the office of internal affairs, bureau of alcohol, tobacco, and firearms, the office of internalaffairs, united states', 951:'customs service, and the office of inspections, united states secret service which isengaged in internal audit activities; and ii of', 952:'the treasury inspector general for tax administration, effective 180 days after the date of the enactmentof the internal revenue service', 953:'restructuring and reform act of 1998 [july 22, 1998], the office of chiefinspector of the internal revenue service; m of', 954:'the environmental protection agency, the offices of that agency referred to as the office of audit and thesecurity and inspection', 955:'division; n of the federal emergency management agency, the office of that agency referred to as the office ofinspector general;', 956:'o of the general services administration, the offices of that agency referred to as the office of audits and theoffice', 957:'of investigations; p of the national aeronautics and space administration, the offices of that agency referred to as themanagement audit', 958:'office and the office of inspections and security; q of the nuclear regulatory commission, the office of that commission referred', 959:'to as the office of inspectorand auditor; r of the office of personnel management, the offices of that agency referred', 960:'to as the office of inspectorgeneral, the insurance audits division, retirement and insurance group, and the analysis and evaluationdivision, administration', 961:'group; s of the railroad retirement board, the office of inspector general as established by section 23 of therailroad retirement', 962:'act of 1974; t of the small business administration, the office of that agency referred to as the office of', 963:'audits andinvestigations; u of the veterans administration, the offices of that agency referred to as the office of audits and', 964:'the officeof investigations; and 1 v of the corporation for national and community service, the office of inspector general of', 965:'action; 1 w of the social security administration, the functions of the inspector general of the department of health andhuman', 966:'services which are transferred to the social security administration by the social security independenceand program improvements act of 1994 other', 967:'than functions performed pursuant to section 105a2 of suchact, except that such transfers shall be made in accordance with the', 968:'provisions of such act and shall not besubject to subsections b through d of this section; and 2 such other', 969:'offices or agencies, or functions, powers, or duties thereof, as the head of the establishmentinvolved may determine are properly related', 970:'to the functions of the office and would, if so transferred, further thepurposes of this act, except that there shall', 971:'not be transferred to an inspector general under paragraph 2 program operatingresponsibilities. b the personnel, assets, liabilities, contracts, property, records,', 972:'and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made', 973:'available, ofany office or agency the functions, powers, and duties of which are transferred under subsection a are herebytransferred to', 974:'the applicable office of inspector general. c personnel transferred pursuant to subsection b shall be transferred in accordance with applicable', 975:'laws andregulations relating to the transfer of functions except that the classification and compensation of such personnel shallnot be reduced', 976:'for one year after such transfer. d in any case where all the functions, powers, and duties of any office', 977:'or agency are transferred pursuant to thissubsection, such office or agency shall lapse. any person who, on the effective date', 978:'of this act [oct. 1, 1978], held aposition compensated in accordance with the general schedule, and who, without a break', 979:'in service, is appointed inan office of inspector general to a position having duties comparable to those performed immediately preceding', 980:'suchappointment shall continue to be compensated in the new position at not less than the rate provided for the previousposition,', 981:'for the duration of service in the new position. pub. l. 95–452, §9, oct. 12, 1978, 92 stat. 1107; pub.', 982:'l. 96–88, title v, §508n2, oct. 17, 1979, 93 stat. 694; pub. l. 97–252, title xi, §1117a2, 3, sept. 8,', 983:'1982, 96 stat. 750; pub. l. 100–504, title i, §102d, oct. 18, 1988, 102stat. 2516; pub. l. 103–82, title ii,', 984:'§202g3a, sept. 21, 1993, 107 stat. 890; pub. l. 103–296, title i, §108l1, aug. 15, 1994, 108 stat. 1488; pub.', 985:'l. 105–206, title i, §1103c1, july 22, 1998, 112 stat. 708. references in text section 208 of the department of', 986:'energy organization act, referred to in subsec. a1e, is section208 of pub. l. 95–91, title ii, aug. 4, 1977, 91', 987:'stat. 575, as amended, which was classified to section 7138 oftitle 42, the public health and welfare, and was repealed', 988:'by pub. l. 100–504, title i, §102e1a, oct. 18, 1988, 102 stat. 2517. title ii of public law 94–505, referred', 989:'to in subsec. a1f, is title ii of pub. l. 94–505, oct. 15, 1976, 90stat. 2429, which was classified generally', 990:'to sections 3521 to 3527 of title 42, and was repealed by pub. l. 100–504, title i, §102e2, oct. 18,', 991:'1988, 102 stat. 2517. section 23 of the railroad retirement act of 1974, referred to in subsec. a1s, is section', 992:'23 of actaug. 29, 1935, ch. 812, as added, which was classified to section 231v of title 45, railroads, and', 993:'wasrepealed by pub. l. 100–504, title i, §102e3, oct. 18, 1988, 102 stat. 2517. the social security independence and program', 994:'improvements act of 1994, referred to in subsec. a 1w, is pub. l. 103–296, aug. 15, 1995, 108 stat. 1464.', 995:'section 105a2 of the act is set out as a noteunder section 901 of title 42, the public health and', 996:'welfare. for complete classification of this act to thecode, see short title of 1994 amendment note set out under section', 997:'1305 of title 42 and tables. amendments 1998—subsec. a1l. pub. l. 105–206 designated existing provisions as cl. i, inserted and', 998:'at end, and added cl. ii. 1994—subsec. a1w. pub. l. 103–296 added subpar. w. 1993—subsec. a1v. pub. l. 103–82 added', 999:'subpar. v. 1988—subsec. a1e, f. pub. l. 100–504, §102d7, added subpars. e and f. former subpars. e and f redesignated', 1000:'g and h, respectively. subsec. a1g, h. pub. l. 100–504, §102d2, redesignated subpars. e and f as g and h,', 1001:'respectively. former subpars. g and h redesignated j and k, respectively. subsec. a1i. pub. l. 100–504, §102d1, 8, added subpar.', 1002:'i and struck out former subpar. i which provided for transfer to office of inspector general of community services administration,', 1003:'officesof that agency referred to as inspections division, external audit division, and internal audit division. subsec. a1j, k. pub. l.', 1004:'100–504, §102d3, redesignated subpars. g and h as j and k, respectively. former subpars. j and k redesignated m and', 1005:'o, respectively. subsec. a1l. pub. l. 100–504, §102d9, added subpar. l. former subpar. l redesignated p. subsec. a1m. pub. l.', 1006:'100–504, §102d4, redesignated subpar. j as m. former subpar. m redesignated t. subsec. a1n. pub. l. 100–504, §102d10, added subpar.', 1007:'n. former subpar. n redesignatedu. subsec. a1o, p. pub. l. 100–504, §102d5, redesignated subpars. k and l as o and', 1008:'p, respectively. subsec. a1q to s. pub. l. 100–504, §102d11, added subpars. q to s. subsec. a1t, u. pub. l.', 1009:'100–504, §102d6, redesignated subpars. m and n as t and u, respectively. 1982—subsec. a1. pub. l. 97–252 added subpar. c', 1010:'and redesignated former subpars. c to m asd to n, respectively. 1979—subsec. a1. pub. l. 96–88 added subpar. c and', 1011:'redesignated former subpars. c to l asd to m, respectively. change of name reference to urban mass transportation administration deemed', 1012:'to refer to federal transitadministration pursuant to section 3004b of pub. l. 102–240, set out as a note under section', 1013:'107 of title 49, transportation. reference to veterans administration deemed to refer to department of veterans affairs pursuant tosection 10', 1014:'of pub. l. 100–527, set out as a department of veterans affairs act note under section 301 of title38, veterans', 1015:'benefits. effective date of 1994 amendment amendment by pub. l. 103–296 effective mar. 31, 1995, see section 110a of pub.', 1016:'l. 103–296, set out asa note under section 401 of title 42, the public health and welfare. effective date of', 1017:'1993 amendment section 202g3b of pub. l. 103–82 provided that: this paragraph [amending this section] shall takeeffect on the effective', 1018:'date of section 203c2. [section 203c2 of pub. l. 103–82 is effective 18months after sept. 21, 1993, or on such', 1019:'earlier date as the president shall determine to be appropriateand announce by proclamation in the federal register, see section 203d', 1020:'of pub. l. 103–82, set out as anote under section 12651 of title 42, the public health and welfare.] effective', 1021:'date of 1988 amendment amendment by pub. l. 100–504 effective 180 days after oct. 18, 1988, see section 113 of', 1022:'pub. l. 100– 504, set out as a note under section 5 of pub. l. 95–452 in this appendix. effective', 1023:'date of 1979 amendment amendment by pub. l. 96–88 effective may 4, 1980, with specified exceptions, see section 601 of', 1024:'pub. l. 96–88, set out as an effective date note under section 3401 of title 20, education. termination of office', 1025:'of chief inspector pub. l. 105–206, title i, §1103c2, july 22, 1998, 112 stat. 708, provided that: effective upon thetransfer', 1026:'of functions under the amendment made by paragraph 1 [amending this section], the office ofchief inspector of the internal revenue', 1027:'service is terminated. retention of certain internal audit personnel pub. l. 105–206, title i, §1103c3, july 22, 1998, 112 stat.', 1028:'708, provided that: in making the transferunder the amendment made by paragraph 1 [amending this section], the commissioner of internalrevenue', 1029:'shall designate and retain an appropriate number not in excess of 300 of internal audit full time equivalent employee positions', 1030:'necessary for management relating to the internal revenue service. additional personnel transfers pub. l. 105–206, title i, §1103c4, july 22,', 1031:'1998, 112 stat. 708, provided that: effective 180 days afterthe date of the enactment of this act [july 22, 1998],', 1032:'the secretary of the treasury shall transfer 21 full time equivalent positions from the office of the inspector general of', 1033:'the department of the treasury tothe office of the treasury inspector general for tax administration. continuation of service of certain', 1034:'inspectors general section 102e4 of pub. l. 100–504 provided that: any individual who, on the date of enactment of thisact', 1035:'[oct. 18, 1988], is serving as the inspector general of the department of energy, the department ofhealth and human services,', 1036:'or the railroad retirement board, shall continue to serve in such positionuntil such individual dies, resigns, or is removed from', 1037:'office in accordance with section 3b of theinspector general act of 1978 [section 3b of pub. l. 95–452, set out', 1038:'in this appendix]. transfer of audit personnel to inspector general, department of defense section 1117e of pub. l. 97–252 provided', 1039:'that: in addition to the positions transferred to the office ofthe inspector general of the department of defense, pursuant to', 1040:'the amendments made by subsectiona of this section [amending sections 21, 9a1, and 111 of this act], the secretary of', 1041:'defense shalltransfer to the office of inspector general of the department of defense not less than one hundredadditional audit positions.', 1042:'the inspector general of the department of defense shall fill such positionswith persons trained to perform contract audits. section referred', 1043:'to in other sections this section is referred to in title 7 section 2270. 1 so in original. the word', 1044:'and at end of subpar. u probably should appear at end of subpar. v. §10. conforming and technical amendments [section', 1045:'amended sections 5315 and 5316 of title 5, government organization and employees, and section 3522 oftitle 42, the public health', 1046:'and welfare, which amendments have been executed to text.] §11. definitions as used in this act— 1 the term head', 1047:'of the establishment means the secretary of agriculture, commerce, defense, education, energy, health and human services, housing and urban development,', 1048:'the interior, labor, state, transportation, orthe treasury; the attorney general; the administrator of the agency for international development, environmentalprotection, general', 1049:'services, national aeronautics and space, small business, or veterans affairs; the director ofthe federal emergency management agency, or the office', 1050:'of personnel management; the chairman of the nuclearregulatory commission or the railroad retirement board; the chairperson of the thrift depositor', 1051:'protectionoversight board; the chief executive officer of the corporation for national and community service;; 1 theadministrator of the community development', 1052:'financial institutions fund; and 2 the chief executive officer of theresolution trust corporation; and 2 the chairperson of the federal', 1053:'deposit insurance corporation; or thecommissioner of social security, social security administration; as the case may be; 2 the term establishment', 1054:'means the department of agriculture, commerce, defense, education, energy, health and human services, housing and urban development, the interior, justice,', 1055:'labor, state, transportation, orthe treasury; the agency for international development, the community development financial institutions fund, the environmental protection agency,', 1056:'the federal emergency management agency, the general servicesadministration, the national aeronautics and space administration, the nuclear regulatory commission, the officeof', 1057:'personnel management, the railroad retirement board, the resolution trust corporation, the federal depositinsurance corporation, the small business administration, the corporation', 1058:'for national and community service, or 3the veterans administration, or the social security administration; as the case may be; 3', 1059:'the term inspector general means the inspector general of an establishment; 4 the term office means the office of inspector', 1060:'general of an establishment; and 5 the term federal agency means an agency as defined in section 552e 4 of', 1061:'title 5 including anestablishment as defined in paragraph 2, united states code, but shall not be construed to include the', 1062:'generalaccounting office. pub. l. 95–452, §11, oct. 12, 1978, 92 stat. 1109; pub. l. 96–88, title v, §509n3, 4, oct.', 1063:'17, 1979, 93 stat. 695; pub. l. 97–113, title vii, §705a2, dec. 29, 1981, 95 stat. 1544; pub. l. 97–252,', 1064:'title xi, §1117a4, 5, sept. 8,1982, 96 stat. 750; pub. l. 99–93, title i, §150a2, aug. 16, 1985, 99 stat.', 1065:'427; pub. l. 99–399, title iv, §412a2, aug. 27, 1986, 100 stat. 867; pub. l. 100–504, title i, §102c, oct.', 1066:'18, 1988, 102 stat. 2515; pub. l. 100–527, §13h 2, 3, oct. 5, 1988, 102 stat. 2643; pub. l. 101–73,', 1067:'title v, §501b1, aug. 9, 1989, 103 stat. 393; pub. l. 102–233, title iii, §315a, dec. 12, 1991, 105 stat.', 1068:'1772; pub. l. 103–82, title ii, §202g4, sept. 21, 1993, 107 stat. 890; pub. l. 103–204, §23a1, dec. 17, 1993,', 1069:'107 stat. 2407; pub. l. 103–296, title i, §108l2, aug. 15, 1994, 108 stat. 1489; pub. l. 103–325, title i,', 1070:'§118a, sept. 23, 1994, 108 stat. 2188; pub. l. 104–106, div. d, title xliii, §4322b1, 3, feb. 10, 1996, 110', 1071:'stat. 677; pub. l. 105–277, div. g, subdiv. a, title xiii, §1314b, oct. 21, 1998, 112 stat. 2681– 776. references', 1072:'in text section 552e of title 5, referred to in par. 5, was redesignated section 552f of title 5 by', 1073:'section 1802b of pub. l. 99–570. codification amendment by pub. l. 100–527 amended section as it existed prior to amendment', 1074:'by pub. l. 100–504, see effective date of 1988 amendments note below. amendments 1998—par. 1. pub. l. 105–277, §1314b1, which', 1075:'directed the substitution of or the office ofpersonnel management for the office of personnel management, the united states informationagency, was', 1076:'executed by making the substitution for the office of personnel management or the unitedstates information agency to reflect the probable', 1077:'intent of congress. par. 2. pub. l. 105–277, §1314b2, struck out the united states information agency, after smallbusiness administration,. 1996—par.', 1078:'1. pub. l. 104–106, §4322b3, made technical correction to directory language of pub. l. 101–73, §501b1a. see 1989 amendment note', 1079:'below. par. 2. pub. l. 104–106, §4322b1, substituted community service, for community service,,. 1994—par. 1. pub. l. 103–325, §118a1, inserted', 1080:'; the administrator of the community developmentfinancial institutions fund; before and the chief executive officer of the resolution trust corporation.', 1081:'pub. l. 103–296, §108l2a, inserted ; or the commissioner of social security, social securityadministration before ; as the case may', 1082:'be. par. 2. pub. l. 103–325, §118a2, inserted the community development financial institutions fund, after the agency for international development,.', 1083:'pub. l. 103–296, §108l2b, inserted , or the social security administration before ; as the casemay be. 1993—par. 1. pub.', 1084:'l. 103–204, §23a1a, inserted and the chairperson of the federal depositinsurance corporation; after resolution trust corporation;. pub. l. 103–82, §202g4a,', 1085:'inserted ; the chief executive officer of the corporation for national andcommunity service; after thrift depositor protection oversight board. par.', 1086:'2. pub. l. 103–204, §23a1b, inserted the federal deposit insurance corporation, afterresolution trust corporation,. pub. l. 103–82, §202g4b, inserted ,', 1087:'the corporation for national and community service, afterunited states information agency. 1991—par. 1. pub. l. 102–233 substituted ; the chairperson', 1088:'of the thrift depositor protectionoversight board and the chief executive officer of the resolution trust corporation for the oversightboard and', 1089:'the board of directors of the resolution trust corporation. 1989—par. 1. pub. l. 101–73, §501b1a, as amended by pub. l.', 1090:'104–106, §4322b3, inserted theoversight board and the board of directors of the resolution trust corporation before ; as the casemay', 1091:'be;. par. 2. pub. l. 101–73, §501b1b, inserted the resolution trust corporation, after the railroadretirement board,. 1988—pars. 1, 2. pub.', 1092:'l. 100–527, §13h2, 3, substituted transportation, or veterans affairs, foror transportation and or small business for small business, or veterans', 1093:'affairs in par. 1, andsubstituted transportation, or veterans affairs, for or transportation and or the united statesinformation agency for the', 1094:'united states information agency or the veterans administration in par. 2. see codification note above. pub. l. 100–504 added pars.', 1095:'1 and 2 and struck out former pars. 1 and 2, as amended by pub. l. 100–527, which read as', 1096:'follows: 1 the term head of the establishment means the secretary of agriculture, commerce, defense, education, housing and urban development,', 1097:'the interior, labor, state, transportation, or veteransaffairs, or the administrator of the agency for international development, community services, environmental protection,', 1098:'general services, national aeronautics and space, or small business, or thedirector of the united states information agency as the case', 1099:'may be; 2 the term establishment means the department of agriculture, commerce, defense, education, housing and urban development, the interior,', 1100:'labor, state, transportation, or veterans affairs, or theagency for international development, the community services administration, the environmentalprotection agency, the general', 1101:'services administration, the national aeronautics and spaceadministration, the small business administration, or the united states information agency, as the casemay', 1102:'be;. 1986—pars. 1, 2. pub. l. 99–399 inserted or the director of the united states information agency inpar. 1 and', 1103:'the united states information agency in par. 2. 1985—pars. 1, 2. pub. l. 99–93 inserted state, after labor,. 1982—pars. 1,', 1104:'2. pub. l. 97–252 inserted defense, after commerce,. 1981—pars. 1, 2. pub. l. 97–113 inserted the agency for international development,', 1105:'afteradministrator of in par. 1, and inserted the agency for international development, aftertransportation or in par. 2. 1979—pars. 1, 2.', 1106:'pub. l. 96–88 inserted education, after commerce,. change of name references to administrator of veterans affairs and to veterans administration', 1107:'deemed to refer tosecretary of veterans affairs and to department of veterans affairs, respectively, pursuant to section 10of pub. l.', 1108:'100–527, set out as a department of veterans affairs act note under section 301 of title 38, veterans benefits. effective', 1109:'date of 1998 amendment amendment by pub. l. 105–277 effective oct. 1, 1999, see section 1301 of pub. l. 105–277,', 1110:'set out as aneffective date note under section 6531 of title 22, foreign relations and intercourse. effective date of 1996', 1111:'amendment section 4322b3 of pub. l. 104–106 provided that the amendment made by that section is effective asof aug. 9,', 1112:'1989, and as if included in pub. l. 101–73 as enacted. effective date of 1993 amendment amendment by pub. l.', 1113:'103–82 effective oct. 1, 1993, see section 202i of pub. l. 103–82, set out as aneffective date note under section', 1114:'12651 of title 42, the public health and welfare. effective date of 1991 amendment amendment by pub. l. 102–233 effective', 1115:'feb. 1, 1992, see section 318 of pub. l. 102–233, set out as anote under section 1441 of title 12,', 1116:'banks and banking. effective date of 1988 amendments amendment by pub. l. 100–527 effective mar. 15, 1989, see section 18a', 1117:'of pub. l. 100–527, set out as adepartment of veterans affairs act note under section 301 of title 38, veterans', 1118:'benefits. amendment by pub. l. 100–504 effective 180 days after oct. 18, 1988, see section 113 of pub. l. 100–', 1119:'504, set out as a note under section 5 of pub. l. 95–452 in this appendix. effective date of 1979', 1120:'amendment amendment by pub. l. 96–88 effective may 4, 1980, with specified exceptions, see section 601 of pub. l. 96–88,', 1121:'set out as an effective date note under section 3401 of title 20, education. community services administration the community services', 1122:'administration, which was established by section 601 of the economicopportunity act of 1964, as amended 42 u.s.c. 2941, was terminated', 1123:'when the economic opportunityact of 1964, pub. l. 88–452, aug. 20, 1964, 78 stat. 508, as amended, was repealed, except', 1124:'for titles viiiand x, effective oct. 1, 1981, by section 683a of pub. l. 97–35, title vi, aug. 13, 1981,', 1125:'95 stat. 519, whichis classified to 42 u.s.c. 9912a. an office of community services, headed by a director, was establishedin', 1126:'the department of health and human services by section 676 of pub. l. 97–35, which is classified to 42u.s.c. 9905.', 1127:'merger of office of inspector general of united states information agencywith office of inspector general of department of state; transfer', 1128:'offunctions pub. l. 104–134, title i, §101[a] [title iv], apr. 26, 1996, 110 stat. 1321, 132137; renumbered title i, pub.', 1129:'l. 104–140, §1a, may 2, 1996, 110 stat. 1327, provided: that notwithstanding any other provision of law, 1 the office', 1130:'of the inspector general of the united states information agency is hereby merged with theoffice of the inspector general of', 1131:'the department of state; 2 the functions exercised and assigned tothe office of the inspector general of the united states', 1132:'information agency before the effective date ofthis act [apr. 26, 1996] including all related functions are transferred to the office', 1133:'of the inspectorgeneral of the department of state; and 3 the inspector general of the department of state shall alsoserve', 1134:'as the inspector general of the united states information agency. [pub. l. 104–208, div. a, title i, §101a [title iv],', 1135:'sept. 30, 1996, 110 stat. 3009, 300947, provided in part: that notwithstanding any other provision of law, the merger of', 1136:'the office of inspector general of theunited states information agency with the office of inspector general of the department of', 1137:'stateprovided for in the departments of commerce, justice, and state, the judiciary and related agenciesappropriations act, 1996, contained in public', 1138:'law 104–134 [set out above], is effective hereafter.] [for abolition of office of inspector general of the united states information', 1139:'agency and transfer offunctions to office of inspector general of department of state and foreign service, see section 6533 oftitle', 1140:'22, foreign relations and intercourse.] office of inspector general of community development financialinstitutions fund; authorization of appropriations section 118b of', 1141:'pub. l. 103–325 provided that: there are authorized to be appropriated such sums asmay be necessary for the operation of', 1142:'the office of inspector general established by the amendmentsmade by subsection a [amending this section]. office of inspector general of', 1143:'resolution trust corporation; authorization of appropriations section 501b2b of pub. l. 101–73 provided that: there is hereby authorized to be', 1144:'appropriatedsuch sums as may be necessary for the operation of the office of inspector general established by theamendment made by', 1145:'paragraph 1 of this subsection [amending this section]. section referred to in other sections this section is referred to in', 1146:'title 22 sections 3929, 4861; title 31 sections 1105, 3801; title 39 section1003; title 42 section 8262f. 1 so in', 1147:'original. 2 so in original. the word and probably should not appear. 3 so in original. the word or probably', 1148:'should not appear. 4 see references in text note below. §12. effective date the provisions of this act and the', 1149:'amendments made by this act [see section 10 of this act] shall take effect october1, 1978. pub. l. 95–452, §12,', 1150:'oct. 12, 1978, 92 stat. 1109.',