APPENDIX 3 INSPECTOR GENERAL ACT OF 1978

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TITLE 5-APPENDIX 2 188
Notes of Decisions
which had outlived their usefulness, to remedy
situation, Congress chose to terminate all advisory
committees. Carpenter v. Morton, D.C.Nev.
1976, 424 F.Supp. 603.
ct was intended to
rough this section
visory committees
teetions 5, 6 and 7
uttemplate studied
dvisory committee
Norton, D.C.Nev.
.ppendix was eon-
ivisory committees
3. Powers and duties
Congress contemplated that this Appendix
would affect existing substantive law and that if it
was later decided advisory committees were nece-
sary, Congress would enact legislation to recharter
them; Secretary of Interior had no obligation or
authority to recharter advisory boards of which
plaintiffs were members. Carpenter v. Morton.
D.C.Nev.1976, 424 F.Supp. 603
APPENDIX 3
INSPECTOR GENERAL ACT OF 1978
Pub.L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended Pub.L 96-88, Title V,
? 508(n), Oct. 17, 1979, 93 Stat. 694; Pub.L 97-113, Title VII, ? 705, Dec. 29,
1981, 96 Stat. 1544; Pub.L. 97-252, Title XI, ? 1117(aHc), Sept. 8, 1982, 9? Stat.
76-762; Pub.L. 99-93, Title I, ? 150(a), Aug. 16, 1985, 99 Stat. 427; Pub.L.
99-399, Title IV, ? 412(a), Aug. 27, 1986, 100 Stat. 867.
Sec. Sec.
1. Short title. 6. Authority of Inspectors General; in-
2. Purpose and establishment of Offices formation and assistance from Fed-
of Inspector General; departments eral agencies; unreasonable refusal;
and agencies involved. office space and equipment
3. Appointment of Inspectors General; 7. Complaints by employees; disclosure
supervision; removal; political ac- of identity; reprisals.
tivities; appointment of Assistant S. Additional provisions with respect to
Inspector General for Auditing and the Inspector General of the De-
Assistant Inspector General for In- partment of Defense.
vestigations. 8A. Special provisions relating to the
4. Duties and responsibilities; report of Agency for International Develop-
criminal violations to Attorney Gen- ment.
eral. 9. Transfer of functions.
5. Semiannual reports; transmittal to 10. Conforming and technical amend-
Congress; availability to public; im- ments.
mediate report on serious or fla- 11. Definitions.
grant problems. 12. Effective date.
section 7(b), this Act shall become effective upon the
following October 6, 1972.
? 1. Short title
That this Act be cited as the "Inspector General Act of 1978".
Legislative History. For legislative history and
purpose of Pub L. 95-452, we 1978 U.S. Code
Cong. and Adm. News, p. 2676
? 2. Purpose and establishment of Offices of Inspector General; departments
and agencies involved
In order to create independent and objective units-
(1) to conduct and supervise audits and investigations relating to programs
and operations of the Department of Ag ulture, the Department of Coru erce,
the Department of D ffeense, the Department of Education, the Department of
Housing and Urban Development, the Departments the Interior, the Depart-
ment of Labor, t7re`Department of Transportation, the Agency for International
Development, the Community Services Administration, the Et.vironmen l Pro-
tection Agency, the General Services Administration, the NationaJ_ eronautics
and Space Administration, the Small Business Administration, the United States
Informal p Agency, the Veterans' Administration, and the Department of
Si"
(2) to provide leadership and coordination and recommend policies for activi-
ties designed (A) to promote economy, efficiency, and effectiveness in the
administration of, and (B) to prevent and detect fraud and abuse in, such
programs and operations; and
(3) to provide a means for keeping the hgd of the establishment and the
Congre,ss fully and currently informed about problems and deficiencies relating
to the administration of such programs and operations and the necessity for and
progress of corrective action;
189
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2 TITLE S-APPENDIX 3 190
thereby I is hereby established in each of such establishments an office of Inspector
General.
(As amended Pub.L. 96-88, Title V. 4 508(n)(1), Oct. 17, 1979, 93 Stat. 694; Pub.L. 97-113, Title
VII, 4 705(aX1), Dec. 29, 1981, 95 Stat. 1544; Pub.L. 97-252, Title XI, 4 1117(a)(1), Sept. 8, 1982,
96 Stat. 750; Pub.L. 99-93, Title I, 4 150(axl), Aug. 16, 1985, 99 Stat. 427; Pub.L. 99-399. Title
IV, 4 412(a)(1), Aug. 27, 1986, 100 StaL 867.)
1 So in original. Probably should be "there".
19116 Amendment. Par. (I). Pub.L. 99-399
inserted "tbe United States Information Agency,"
before "the Veterans' Administration".
1965 Amendment. Par. (1). Pub.L. 99-93
added reference to the Department of State.
1962 Asaemdmeat. Par. (1). Pub.L. 97-252,
4 1117(a)(l), inserted "the Department of De-
fense." following "Commerce,".
1981 Amendment. Par. (1). Pub.L. 97-113
inserted "the Agency for International Develop-
ment," after "Transportation.".
1979 Amendment. Par. (1). Pub.L. 96-44 in-
established by section 601 of the Economic Op-
portunity Act of 1964, as amended (42 U.S.C.A.
4 2941), was terminated when the Economic Op-
portunity Act of 1964, Pub.L. 88-452, Aug. 20,
1964, 78 Stat. 508, as amended, was repealed,
except for Titles VIII and X, effective Oct. 1,
1981, by section 683(a) of Pub.L. 97-35, Title VI,
Aug. 13, 1981, 95 Scat. 519, which is classified to
42 U.S.C.A. 4 9912(a). An office of Community
Services, headed by a Director, was established in
the Department of Health and Human Services by
section 676 of Pub.L. 97-35, which is classified to
42 U.S.C.A. 4 9905.
(a) It
to the e..
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ester
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artment of Education
serted "the De
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,
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Legislative History. For legislative history and
"Commerce,".
purpose of Pub.L. 95-452, we 1978 U.S. Code
purr
Effective Date of 1979 Amendment. Amend-
Cong and Adm. News, p. 2676. See, also, Pub.L.
dete
ment by Pub. L. 96-88, effective May 4, 1980, with
96-88, 1979 U.S. Code Cong. and Adm. News, p.
(4
specified exceptions, we section 601 of Pub.L.
1514; Pub.L. 97-113, 1981 U.S. Code Cong and
tion
set out as an Effective Date note under
96-88
1985 U.S.
2404, Pub.L. 99-93
News
p
Adm
,
section 3401 of Title 20. Education.
,
,
.
.
Code Cong and Adm News, p. 329, Pub.I
loca
Community Services Administration. The
99-399, 1986 U.S.Code Cong. and Adm.News, p
all r
Community Services Administration, which was
1865.
trat:
Opel
tion
? 3. Appointment of Inspector General; supervision; removal; political activi-
ties; appointment of Assistant Inspector General for Auditing and Assist-
ant Inspector General for Investigations
(a) There shall be at the head of each Office an Inspector General who shall be
appointed by the Ptaent, by and with the advice and consent of the Senate,
without reg p_.palitical-effiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, final is analysis, law, management
analysis, public administration, or investigations. Each Ins ector General shall
report to and be under the general supervision the establishment
involved or, to the extent such authority is delegated, the officer next in rank be ow
such head, shall not uport to or be subject to supervision by, any other officer
of such establis lWnt Neither the head of the establishment nor the officer next in
rant below such head shall re for General from initiating
carrying out or com a an audit or investigation, or from issuin any subpena
unng a course of any audit or investigation.
(b) An Inspector General may be removed from office by the President. The
f President shall communicate the reasons for any such removal to both Houses of
Congress.
(c) For the purposes of section 7324 of Title 5, United States Code, no Inspector
General shall be considered to be an employee who determines policies to be pursued
by the United States in the nationwide administration of Federal laws.
(d) Each Inspector General shall, in accordance with applicable laws and regula-
tions governing the civil service--
(1) appoint an Assistant Inspector General for Auditing who shall have the
responsibility for supervising a performance of auditing activities relating to
programs and operations of the establishment, and
(2) appoint an Asst; nt Inspector General for Investivations who shall have
the responsibility for supervising the performance of investigative activities
relating to such programs and operations.
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TITLE 5-APPENDIX 3 190
ished in each of such establishments an office of Inspector
5tle V. 1608(nX1), Oct. 17, 1979, 93 Stat. 694; Pub.L. 97-118, Title
1, 95 Stat. 1514; Pub.L. 97-252, Title X1, 11117(a)l), Sept. 8, 1982,
We 1, # 150(aXI). Aug. 16, 1985, 99 Stat. 427; Pub.L. 99-399, Title
;. 100 Stat. 867.)
'. Pub.L. 99-399 established by section 601 of the Economic Op.
rrmation Agency," portunity Act of 1964, as amended (42 U.S.C.A.
ratan". 12941), was terminated when the Economic op.
). Pub.L. 99-93
xnt of State.
. Pub.L. 97-252,
epertment of De-
Pub.L. 97-113
national Develop-
Pub.L. 96-44 in-
ication." following
admest. Amend-
May 4. 1980, with
in 601 of Pub.L.
Date note under
tion
portunity Act of 1964, Pub.L. 88-452, Aug. 20,
1964, 78 Stat. 508, as amended, was repealed,
except for Titles Vlll and X, effective Oct. 1,
1981. by section 683(a) of Pub.L. 97-35, Title VI,
Aug. 13, 1981, 95 Stat. 519, which is classified to
42 U.S.C.A. 19912(a). An Office of Community
Services, headed by a Director. was established in
the Department of Health and Human Services by
section 676 of Pub. L. 97-35, which is classified to
42 U.S.C.A. 1 9905.
Legislative History. For legislative history and
purpose of Pub.L. 95-452, we 1978 U.S. Code
Cong and Adm. News, p. 2676. See, also. Pub.L.
96-88, 1979 U.S. Code Cong. and Adm. News, p.
1514; Pub.L. 97-113, 1981 U.S. Code Cong. and
Adm. News, p. 2404; Pub.L. 99-93, 1985 U.S.
Code Cong. and Adm. News, p. 329; Pub.L
191 INSPECTOR GENERAL ACT
Legislatve History. For legislative history and
purpose of Pub.L 95-452. we 1978 U.S. Code
Cong. and Adm. News, p. 2676.
?4
Not. I
1 4. Duties and responsibilities; report of criminal violations to Attorney Gen-
eral
(a) It shall be the duty and responsibility of each Inspector General, with respect
to the establishment within which his Office is established-
(1) to provide policy direction for and to conduct, supervise, and coordinate
audits and investigations relating to the programs and operations of such
e ,
legislation or regulations on the economy and efficiency in the administration of
programs and operations administered or financed by such establishment or the
prevention and detection of fraud and abuse in such programs and operations;
(3) to reco d policies for, and to conduct, supervise, or coordinate other
activities cars out or financed by such establishment for the purpose of
p y in the administration of, or preventing and
detecting fraud and abuse in, its programs and operations;
Iocarvernmental agencies, and non-governmental entitles with res
all matters relating to the promotion of economy and efficiency in the adminis-
tration of, or the prevention and detection of fraud and abuse in, programs and
operations administered or financed by such establishment, or (B) the identifica-
tion and prosecution of participants in such fraud or abuse* and
inistration. The 99-399, 1986 U.S Code Cong and Adm.News, p.
-ation. which was 1865.
spector General; supervision; removal; political activi.
t of Assistant Inspector General for Auditing and Assist-
neral for Investigations
-e head of each Office an Inspector General who shall be
-nt, by and with the advice and consent of the Senate,
:al affiliation and solely on the basis of integrity and
ccounting, auditing, financial analysis, law, management
ration, or investigations. Each Inspector General shall
he general supervision of the head of the establishment
such authority is delegated, the officer next in rank below
eport to, or be subject to supervision by, any other officer
either the head of the establishment nor the officer next in
Il prevent or prohibit the Inspector General from initiating,
,g any audit or investigation, or from issuing any subpena
audit or investigation.
ral may be removed from office by the President. The
ate the reasons for any such removal to both Houses of
section 7324 of Title 5, United States Code, no Inspector
d to be an employee who determines policies to be pursued
le nationwide administration of Federal laws.
Feral shall, in accordance with applicable laws and regula-
;ervice-
istant Inspector General for Auditing who shall have the
ervising the performance of auditing activities relating to
ons of the establishment, and
stant Inspector General for Investigations who shall have
supervising the performance of investigative activities
rams and operations.
such establishment, to recommend corrective action concerning such problems,
abuses, and deficiencies, and to report on the progress made in implementing
such corrective action.
(b) In carrying out the responsibilities specified in subsection (a)(1), each Inspector
General shall-
(l) comply with standards established by the Comptroller General of the
United States for audits of Federal establishments, organizations, programs,
activities, and functions;
(2) establish guidelines for determining when it shall be appropriate to use
non-Federal auditors; and
(3) take appropriate steps to assure that any work performed by non-Federal
auditors complies with the standards established by the Comptroller General as
described in paragraph (1).
(c) In carrying out the duties and responsibilities established under this Act, each
Inspector General shall give particular regard to the activities of the Comptroller
General of the United States with a view toward avoiding duplication and insuring
effective coordination and cooperation.
(d) In carrying out the duties and responsibilities established under this Act, each
Inspector General shall report expeditiously to the Attorney General whenever the
Inspector General has reasonable grounds to believe there has been a violation of
Federal criminal law.
purpose of Pub.L. 95-452, see 1978 U.S. Code
Cong. and Adm. News, p. 2676.
1. General Services Admiaistration pfemme
The Inspector General has the responsibility
and the power to conduct, supervise and coor-
dinate audits and investigations relating to pro-
grams of the General Services Administration in
order to promote efficiency and to prevent fraud
and abuse, but unlike the Internal Revenue Ser-
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(5) to keep the head of urh establishment and the Congress fully and
curren Ted, by means
cuncerninz rata and offteM
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Mote 1
TITLE $-APPENDIX 3
192
vice, which by section 7122 of Title 26 Iaaes its
Inspector General are not so limited.
U.S. v: Art
power to continue civilly once the Justice Depot-
Metal U.S.A., Inc.. D.C.N.J.1980. 494 F.Supp.
menu begins to move criminally, the power of the
884.
6. Semiannual reports; transmittal to Congress; availability to public; Imme-
diate report on serious or flagrant problems
(a) Each Inspector General shall, not later than April 80 and October 81 of each
year, prepare semiannual reports summarizing the activities of the Office during the
immediatey1 pree t s - n periods ending March 81 and September 30. Such
reports shall include, but need not be limited to-
(1) a description of significant problems, abuses, and deficiencies relating to
the administration of programs and operations of such establishment disclosed
by such activities during the reporting period;
(2) a description of the recommendations for corrective action made by the
Office during the reporting period with respect to significant problems, abuses,
or deficiencies identified pursuant to paragraph (1);
(3) an identification of each significant recommendation described in previous
semiannual reports on which corrective action has not been completed;
(4) a summary of matters referred to prosecutive authorities and the prosecu-
tions and convictions which have resulted;
(5) a summary of each report made to the head of the establishment under
section 6(b)(2) during the reporting period; and
(6) a listing of each audit report completed by the Office during the reporting
period.
(b) Semiannual reports of each Inspector General shall be furnished to the head of
the establishment involved not later than April 30 and October i e0r an
i!ll'd7fT1 ted by such head to the appropriate committees or subcommittees of
the wit in thirty days after receipt of the report, together with a report by
e cad of -the establishment containing any comments such head deems appropri-
ate.
(c) *.~ s of the transmission of the semiannual reports of each
Inspector General to the Congress, the head of each establishment shall make copies
of such report available to the public upon request and at a reasonable cost.
(d) Each Inspector General shall report immediatdv to the head of the establish
mkt involved w enever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to the administration of
programs and operations of such establishment. The1ead of establishment shall
transmit iny such rennig &n the appropriate committees or subcommittees o n-
gress within seven calendar days, er with a report by the head of the
establishment containing any comments such head deems appropriate.
(eXI) Nothing in this section shall be construed to authorize the public disclosure
j of information which is-
(A) specifically prohibited from disclosure by any other provision of law;
(B) specifically required by Executive order to be protected from disclosure in
e interest of national defense of national security or in the conduct of foreign
affairs; or
(C) a part of an ongoing criminal investigation.
(2) Notwithstanding paragraph (IXC), any report under this section may be
disclosed to the public in a form which includes information with respect to a part of
an ongoing criminal investigation if such information has been included in a public
record.
1 (3) Nothing in this section or in any other provision of this Act shall be construed
to authorize or permit the withholding of information from the Congress, or from
f any committee or subcommittee thereof.
(As amended Pub.L. 97-252, Title XI, 4 1117(c), Sept_ 8, 1982, 96 Stat. 752.)
1982 Amendment. Subsec. (e). Pub.L. 97-252 legislative History. For legislative history and
added subsec. (e). purpose of Pub.L. 95-452, see 1978 U.S. Code
Cong. and Adm. News, p. 2676.
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had statuto-
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TITLE 6-APPENDIX 8 192
'itk 26 loses its Inspector General are not to limited. U.S. v. An
Justice Depart- Metal U.S.A., Inc., D.C.NJ.1980, 484 F.Supp.
he powers of the 884.
transmittal to Congress; availability to public; imme-
rious or flagrant problems
ral shall, not later than April 80 and October 81 of each
eports summarizing the activities of the Office during the
month periods ending March 81 and September 80. Such
seed not be limited to--
significant problems, abuses, and deficiencies relating to
programs and operations of such establishment disclosed
ng the reporting period;
the recommendations for corrective action made by the
rting period with respect to significant problems, abuses,
rd pursuant to paragraph (1);
of each significant recommendation described in previous
which corrective action has not been completed;
atters referred to prosecutive authorities and the prosecu-
ahich have resulted;
?ach report made to the head of the establishment under
the reporting period; and
audit report completed by the Office during the reporting
31 each Inspector General shall be furnished to the head of
I not later than April 30 and October 31 of each year and
-h head to the appropriate committees or subcommittees of
days after receipt of the report, together with a report by
dent containing any comments such head deems appropri-
of the transmission of the semiannual reports of each
,ongress, the head of each establishment shall make copies
to the public upon request and at a reasonable cost.
eral shall report immediately to the head of the establish-
the Inspector General becomes aware of particularly
,ms, abuses, or deficiencies relating to the administration of
if such establishment. The head of the establishment shall
to the appropriate committees or subcommittees of Con-
idar days, together with a report by the head of the
any comments such head deems appropriate.
ection shall be construed to authorize the public disclosure
:)hibited from disclosure by any other provision of law;
uired by Executive order to be protected from disclosure in
al defense of national security or in the conduct of foreign
rigoing criminal investigation.
aragraph (1XC), any report under this section may be
a form which includes information with respect to a part of
stigation if such information has been included in a public
Lion or in any other provision of this Act shall be construed
to withholding of information from the Congress, or from
nmittee thereof.
title XI, 4 1117(c), Sept. 8, 1982, 96 Stat. 752.)
e). Pub.L. 97-252 Legislative History. For legislative history and
purpose of Pub.L. 95-452, see 1978 U.S. Code
Cong and Adm. News, p. 2676.
193 INSPECTOR GENERAL ACT * 6
Note I
+ 6. AuthWty of Inspector General; information and assistance from Federal
agencies; unreasonable refusal; office space and equipment
(a) In addition to the authority otherwise provided by this Act, each Inspector
General, in carrying out the provisions of this Act, is authorized-
(1) to h v access to all rec r reports, audits, reviews, documents, papers,
recommendations, or o r ma rial available to the applicable establishment
which relate to programs and operations with respect to which that Inspector
General has responsibilities under this Act;
(2) relating to the administration of
the programs an operations of the applicable establishment as are, in the
udgment of the Inspector General, necessary or desirable;
(3) to request such information or assistance as may be necessary for
carrying out the duties and responsibilities provided by this Act from any
ederal- State- or local rnmen ency or unit thereof;
(4) o.re~i=hv the p uction of all information, documents,
reports, answers, records, accounts, papers, and other data and documentary
evidence necessary in the performance of the functions assigned by this Act,
which subpena, in the case of contumacy or refusal to obey, shall be enforceable
(by order of any appropriate United States district court: Provided, Thatl
procedures other than subpenas shall be used by the Inspector General to obtain
documents and information from Federal agencies;
(5) tn-hnve direct and prompt access to the he of the establishment involved
when necessary for any p tntng a performance of functions and
responsibilities under this Act;
(6) in a l?appoint, and employ such officers and employees as may be
necessary for carrying out a functions, powers, and duties of the Office
subject to the provisions of Title 5, United States Code, governing appointments
in the competitive service, and the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General Schedule pay rates;
(7) to obtain services as authorized by section 3109 of Title 5, United States
Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-18
of the General Schedule by section 5332 of Title 5, United States Code; and
(8) to the extent and in such amounts as may be provided in advance by
appropriations Acts, to enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and with private
persons, and to make such payments as may be necessary to carry out the
provisions of this Act.
(b)(1) Upon request of an Inspector General for information or assistance under
subsection (a)(3), the head of any Federal agency involved shall, insofar as is
practicable and not in contravention of any existing statutory restriction or regula-
tion of the Federal agency from which the information is requested, furnish to such
Inspector General, or to an authorized designee, such information or assistance.
(2) Whenever information or assistance requested under subsection (axl) or (a)(3)
is, in the judgment of an Inspector General, unreasonably refused or not provided,
the Inspector General shall report the circumstances to the head of the establish-
ent involved without delay.
(c) Each head of an establishment shall provide the Office within such establish-
ment with appropriate and adequate office space at central and field office locations
of-such establishment, together with such equipment, office supplies, and communi-
cations facilities and services as may be necessary for the operation of such offices,
and shall provide necessary maintenance services for such offices and the equipment
and facilities located therein.
Legislative History. For legislative history and
purpose of Pub.L. 95-452, see 1978 U.S. Code
Cong. and Adm. News, p. 2676.
sought evidence pertaining to defense contractor's
audits, at request of Defense Contract Audit
Agency so long as he did so in furtherance of
purpose within his statutory authority and exer-
cised independent judgment in deciding to issue
Notes of Decisions
subpoena. U.S.
v. Westinghouse
Elec. Corp..
oena powers
Sub
1
C.A.3 (Pa.) 1986,
788 F.2d 164.
p
.
Inspector General of Department of Defense
Inspector General could inspect government
had statutory authority to issue subpoena, which
contractor's business records that had been sut'
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?6
Note I
poenaed for grand jury investigation. sotwith-
standing that he had recommended that investiga-
tion, where Inspector General had subpoenaed
those records prior to left.. nit matter to Justice
Department, ce n anal investigation had been coin-
pitted and prosecution bad been declined, and
inspection was entice) to Inspector General's in-
vestigation. Is re Grand Jury Matter, E.D.Pa.
1986. 640 FSapp. 63.
Likelihood or inminence of criminal proceed-
hip did sot ceder enforcement of a related ad-
ministrative wbpoena impermissible and did not.
therefore, preclude enforcement of a subpoena
duces tecum sought by the Inspector General of
the General Services Administration for certain
tax and related business records of taxpayers in
connection with an investigation of payoffs and
other fraudulent practices where the yency in
question had not itself made a formal recenrnen-
dation to the Justice Department to prosecute,
and the summons or subpoena had a civil purpose.
U.S. v. An Metal-U.S.A., Inc. D.C.NJ.I980. 484
F.Supp. 884.
Acquisition of the tax returns and related doc-
uments of a government contractor pursues to an
investigation of fraud is within the scope of the
subpoena powers of the Inspector Geaeat Id.
Tax and related business records of taxpayers
were no beyond the scope of the subpoena power
of the Inspector General of the General Services
Administration when he sought to discover same
in connection with an investigation of payoffs said
other fraudulent practices. Id.
? 7. Complaints by employees; disclosure of Identity; reprisals
(a) The Inspector General may receive and investigate complaints or information
from an employee of the establishment concerning the possible existence of an
activity constituting a violation of law, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority or a substantial and specific danger to the
public health and safety.
(b) The Inspector General shall not, after receipt of a complaint or information
from an employee, disclose the identity of the employee without the consent of the
employee, unless the Inspector General determines such disclosure is unavoidable
during the course of the investigation.
(c) Any employee who has authority to take, direct others to take, recommend, or
approve any personnel action, shall not, with respect to such authority, take or
threaten to take any action against any employee as a reprisal for making a
complaint or disclosing information to an Inspector General, unless the complaint
was made or the information disclosed with the knowledge that it was false or with
willful disregard for its truth or falsity.
Legislative History. For legislative history and
purpose of Pub.L. 95-452, see 1978 U.S. Code
Cong. and Adm. News, p. 2676.
General shall direction
ense respe~
Mq"TVffi9rT-mTo_rmatdon concerning-
tons pans;
(B) intelligence matters;
(C) counterintelligence matters;
(D) ongoing criminal investigations by
of Defense related to national s
Department
hi
h
f
? 8. Additional provisions with respect to the Inspector General of the Depart-
ment of Defense
(a) No member of the Armed Forces, active or reserve, shall be appointed
Inspector General of the Department of Defense.
(b)(1) Notwithstanding the last two sentences of section 3(a), thaa_In rte
other administrative units of the
ecurity; or
would constitute a serious threat to
w
c
(E) other matters the disclosure o
national security.
(2) With respect to the information described in paragraph (1) the Secretary of
Defense may prohibit the Inspector General from initiating, carrying out, or complet-
ing any audit or investigation, or from issuing any subpoena, after the Inspector
General has decided to initiate, carry out or complete such audit or investigation or
to issue such subpoena, if the Secretary determines that such n hibitio~ n i _neces
I(3) If the Secretary of Defense exercises any power under paragrapn tt) or tz),
the Inspector General shall submit a statement concerning such exercise within
thirty d
Senate
House i
the Cor
(4) T
peragst
Wngre
of the
the Hot
tees.
(c) It
Inspects
the
ope
Del
Get
wac
(
con
gui
tior
(4
and
by
and
of I
(I
ti% e
(1
invt
dup
(d) N
Defense
title 10,
the mili
(e) Fi
to be ar
(f)(1)
ment of
and typ
period.
Commit
Commit
sentativ
(2) A
appropr
also be
Commit
Commit
sentativ
(g) T
to audit
the Ins;
this Act
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 Declassified and Approved For Release 2011/12/13: CIA-RDP89-01078R000100140014-0
ption. notwith- other fraudulent practices where the agency in
d that inves,tga? question had not itseir made a formal recotnmen-
had subpoenaed datron to the Justice Department to prosecute,
natter to Justice and the summons or subpoena had a civil purpose.
n had been coon- U.S. v. An Metal-U.S.A., Inc. D.C.NJ.1980, 464
n declined. and F.Supp. 664.
TITLE 6-APPENDIX 3 194
195 INSPECTOR GENERAL ACT
?8
for General's in-
Matter, ED.Pa.
riminal proceed-
of a related ad-
bit and did not.
of a subpoena
ector General of
uion for certain
of taxpayers in
of payoffs and
Acquisition of the tax returns and related doc-
uments of a government contractor pursuant to an
investigation of fraud Is within the scope of the
subpoena power of the Inspector General. Id.
Tax and related business records of taxpayers
were not beyond the scope of the subpoena power
of the Inspector General of the General Services
Administration when he sought to discover same
in connection with an investigation of payoffs and
other fraudulent practices. Id.
thirty days to the Committees on Armed Services and Governmental Affairs of the
Senate and the Committees on Armed Services and Government Operations of the
House of Representatives and to other appropriate committees or subcommittees of
the Congress.
(4) The Secretary shall, within thirty days after submission of a statement under
paragraph (3), transmit a statement of the reasons for the exercise of power under
paragraph (1) or (2) to the Committees on Armed Services and Governmental Affairs
of the Senate and the Committees on Armed Services and Government Operations of
the House of Representatives and to other appropriate committees or subcommit-
tees.
(e) In addition to the other duties and responsibilities specified in this Act, the
Inspector General of the Department of Defense shall-
(1) be the principal adviser to the Secretary of Defense for matters relating to
the prevention and detection of fraud, waste, and abuse in the programs and
operations of the Department;
(2) initiate, conduct, and supervise such audits and investigations in the
Department of Defense (including the military departments) as the Inspector
General considers appropriate;
(3) provide policy direction for audits and investigations relating to fraud,
waste, and abuse and program effectiveness;
(4) investigate fraud, waste, and abuse uncovered as a result of other
contract and internal audits, as the Inspector General considers appropriate;
(5) develop policy, monitor and evaluate program performance, and provide
guidance with respect to all Department activities relating to criminal investiga-
tion programs;
(6) monitor and evaluate the adherence of Department auditors to internal
audit, contract audit, and internal review principles, policies, and procedures:
(7) develop policy, evaluate program performance, and monitor actions taken
by all components of the Department in response to contract audits, internal
audits, internal review reports, and audits conducted by the Comptroller General
of the United States;
(8) request assistance as needed from other audit, inspection, and investiga-
tive units of the Department of Defense (including military departments); and
(9) give particular regard to the activities of the internal audit, inspection, and
investigative units of the military departments with a view toward avoiding
duplication and insuring effective coordination and cooperation.
(d l Notwithstanding section 4(d), the Inspector General of the Department of
Defense shall expeditiously report suspected or alleged violations of chapter 47 of
title 10, United States Code (Uniform Code of Military Justice), to the Secretary of
the military department concerned or the Secretary of Defense.
(e) For the purposes of section 7, a member of the Armed Forces shall be deemed
to be an employee of the Department of Defense.
(fl 1) Each semiannual report prepared by the Inspector General of the Depart-
ment of Defense under section 5(a) shall include information concerning the numbers
and types of contract audits conducted by the Department during the reporting
period. Each such report shall be transmitted by the Secretary of Defense to the
Committees on Armed Services and Governmental Affairs of the Senate and the
Committees on Armed Services and Government Operations of the House of Repre-
sentatives and to other appropriate committees or subcommittees of the Congress.
(2) Any report required to be transmitted by the Secretary of Defense to the
appropriate committees or subcommittees of the Congress under section 5(d) shall
also be transmitted, within the seven-day period specified in such section, to the
Committees on Armed Services and Governmental Affairs of the Senate and the
Committees on Armed Services and Government Operations of the House of Repre-
sentatives.
(6) The provisions of section 1385 of title 18, United States Code, shall not apply
to audits and investigations conducted by, under the direction of, or at the request of
the Inspector General of the Department of Defense to carry out the purposes of
this Act.
(As amended Pub.L. 97-252, Title XI, ? 1117(b), Sept. 8, 1982, 96 Stat. 751.)
oyees; disclosure of identity; reprisals
al may receive and investigate complaints or information
establishment concerning the possible existence of an
lation of law, rules, or regulations, or mismanagement,
re of authority or a substantial and specific danger to the
?al shall not, after receipt of a complaint or information
the identity of the employee without the consent of the
ector General determines such disclosure is unavoidable
ivestigation.
as authority to take, direct others to take, recommend, or
tion, shall not, with respect to such authority, take or
ion against any employee as a reprisal for making a
rormation to an Inspector General, unless the complaint
on disclosed with the knowledge that it was false or with
uth or falsity.
lative history and
1978 U.S Code
is with respect to the Inspector General of the Depart-
Armed Forces, active or reserve, shall be appointed
)epartment of Defense.
the last two sentences of section 3(a), the Inspector
ne authority, direction, and control of the Secretary of
dits or investigations, or the issuance of subpoenas, which
ion concerning-
ional plans;
:tern;
nee matters;
al investigations by other administrative units of the
se related to national security; or
he disclosure of which would constitute a serious threat to
information described in paragraph (1) the Secretary of
nspector General from initiating, carrying out, or complet-
stion, or from issuing any subpoena, after the Inspector
tiate, carry out or complete such audit or investigation or
' the Secretary determines that such prohibition is neces-
nal security interests of the United States.
Defense exercises any power under paragraph (1) or (2),
all submit a statement concerning such exercise within
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TITLE b-APPENDIX 3 196
sions relating to the Inspector General of the
Department of Defense for provisions relating to
semiannual reports of Secretary of Defense on
audit, investigative. and inspection units of De-
fense Department, availability of such reports to
the public, exclusion of national security material,
delegation of the Secretary's duties, submittal of
proposed legislation, the establishment of a task
force to study operation of audit, investigative and
inspeclion units, membership in the task fora,
and the submission of a comprehensive report by
the task force to the Secretary of Defense and
Director of office of management and Budget.
who were to submit a final report to Congress not
later than April 1, 1980.
Leglalative History. For legislative history and
purpose of Pub.L. 95-452. we 1978 U.S. Code
Cong. and Adm. News, p. 2676.
I. Sub/oetaa
Inspector General of the Department of De-
fense was entitled to enforcement of an adminis-
trative subpoena seeking evidence pertaining to a
defen se contractor's internal audits, despite de.
fense contractor's contentions that subpoena was
improperly issued on behalf of the Defense Con-
tract Audit Agency to coerce settlement of a
related administrative dispute, that scope and sub-
ject of subpoena were too broad, and that compli-
ance would be unduly burdensome. U.S. V. West-
inghouse Elec. Corp.. D.C.Pa1983, 615 F.Supp
1163.
? 8A. Special provisions relating to the Agency for International Development
(a) In addition to the other duties and responsibilities specified in this Act, the
Inspector General of the Agency for International Development-
(1) shall supervise, direct, and control all security activities relating to the
programs and operations of that Agency, subject to the supervision of the
Administrator of that Agency; and
(2) to the extent requested by the Director of the United States International
Development Cooperation Agency (after consultation with the Administrator of
the Agency for International Development), shall supervise, direct, and control
all audit, investigative, and security activities relating to programs and opera-
tions within the United States International Development Cooperation Agency.
(b) In addition to the Assistant Inspector Generals provided for in section 3(d) of
this Act, the Inspector General of the Agency for International Development shall, in
accordance with applicable laws and regulations governing the civil service, appoint
an Assistant Inspector General for Security who shall have the responsibility for
supervising the performance of security activities relating to programs and opera-
tions of the Agency for International Development.
(c) The semiannual reports required to be submitted to the Administrator of the
Agency for International Development pursuant to section 5(b) of this Act shall also
be submitted to the Director of the United States International Development
Cooperation Agency.
(d) In addition to the officers and employees provided for in section 6(a)(6) of this
Act, members of the Foreign Service may, at the request of the Inspector General of
for General. Members of the Foreign Service so assigned shall be responsible solely
to the Inspector General, and the Inspector General (or his or her designee) shall
prepare the performance evaluation reports for such members.
(4) In establishing and staffing field offices pursuant to section 6(c) of this Act,
Administrator of the Agency for International Development shall not be bound
th
e
by overseas personnel ceilings established under the Monitoring Overseas Direct
Employment policy.
(f) The reference in section 7(a) of this Act to an employee of the establishment
shall, with respect to the Inspector General of the Agency for International Develop-
ment, be construed to include an employee of or under the United States Internation-
al Development Cooperation Agency.
ector General of the Agency for International Development shall be in
) The Ins
(
p
g
addition to the officers provided for in section 624(a) of the Foreign Assistance Act
of 1961 [22 U.S.C.A. ? 2384(a) ).
Declassified and Approved For Release 2011/12/13: CIA-RDP89-01078R000100140014-0
(h)
inclwi
Foreig
Reim
Act of
17-193.
Pan l
elassifse
seq) of
* 9. '
(a)
 Declassified and Approved For Release 2011/12/13: CIA-RDP89-01078R000100140014-0
7-252 amended
ddntional pro"-
General of the
sons relating to
of Defense on
on units of De-
such reports to
security material.
lies. submittal of
hment of a task
investigative and
the task force,
pensive report by
of Defense and
lent and Budget.
t to Congress not
lative history and
1978 U.S. Code
TITLE 6--APPENDIX 3 196
1. Subeoeaas
Inspector General of the Department of De-
fense was entitled to enforcearent of an adminis-
trative subpoena seeking evidence pertaining to a
defense contractor's internal audits. despite de-
fense contractor's contentions that subpoena was
improperly issued on behalf of the Defense Con-
tract Audit Agency to Come settlement a
related administrative dispute, that scope and
ject of subpoena were too broad, and that compli-
ance would be unduly burdenane. U.S. v. West-
inghouse Elec. Corp.. D.C.Ps.l91S. 615 F.Supp.
1163.
197 INSPECTOR GENERAL ACT
?9
(h) As used in this Act, the term "Agency for International Development"
includes any successor agency primarily responsible for administering part I of the
Foreign Assistance Act of 1961 [22 U.S.C.A. 12161 et seq.].
(Added Pub.. 97-113, Title VII, 1705(a)(3), Dec. 29, 1981, 95 Stet. 1644.)
References 4 Test. The Foreign Assistance sad intercourse. For complete classification of
Act of M. referred to in subset. (h), is Pub.L. this Act to the Code, am Short Title note set out
17-195. Sept. 4, 1%1, 75 Stat. 424, as amended. reader section 2151 of Title 22 and Tables volume.
Pan I of the Foreign Assistance Act of 1%1 is Ledslsdve History. For legislative history and
classified generally to subchapter I (12151 at purpose of Pub.L. 97-113, see 1981 U.S. Code
seq.) of chapter 32 of Title 22, Foreign Relation Cong. and Adm. News, p. 2404.
9. Transfer of functions
(a) There shall be transferred-
(1) to the Office of Inspector General-
(A) of the Department of Agriculture, the offices of that department
referred to as the "Office of Investigation" and the "Office of Audit";
(B) of the Department of Commerce, the offices of that department
referred to as the "Office of Audits" and the "Investigations and Inspec-
tions Staff" and that portion of the office referred to as the "Office of
Investigations and Security" which has responsibility for investigation of
alleged criminal violations and program abuse;
(C) of the Department of Defense, the offices of that department re-
ferred to as the "Defense Audit Service" and the "Office of Inspector
General, Defense Logistics Agency", and that portion of the office of that
department referred to as the "Defense Investigative Service" which has
responsibility for the investigation of alleged criminal violations;
(D) of the Department of Education, all functions of the Inspector
General of Health, Education, and Welfare or of the Office of Inspector
General of Health, Education, and Welfare relating to functions transferred
by section 301 of the Department of Education Organization Act [20
U.S.C.A. ? 3441];
(E) of the Department of Housing and Urban Development, the office of
that department referred to as the "Office of Inspector General";
(F) of the Department of the Interior, the office of that department
referred to as the "Office of Audit and Investigation";
(G) of the Department' of Labor, the office of that department referred to
as the "Office of Special Investigations";
(H) of the Department of Transportation, the offices of that department
referred to as the "Office of Investigations and Security" and the "Office of
Audit" of the Department, the "Offices of Investigations and Security,
Federal Aviation Administration", and "External Audit Divisions, Federal
Aviation Administration", the "Investigations Division and the External
Audit Division of the Office of Program Review and Investigation, Federal
Highway Administration", and the "Office of Program Audits, Urban Mass
Transportation Administration";
(I) of the Community Services Administration, the offices of that agency
referred to as the "Inspections Division", the "External Audit Division",
and the "Internal Audit Division";
(J) of the Environmental Protection Agency, the offices of that agency
referred to as the "Office of Audit" and the "Security and Inspection
Division";
(K) of the General Services Administration, the offices of that agency
referred to as the "Office of Audits" and the "Office of Investigations";
(L) of the National Aeronautics and Space Administration, the offices of
that agency referred to as the "Management Audit Office" and the "Office
of Inspections and Security";
(M) of the Small Business Administration, the office of that agency
referred to as the "Office of Audits and Investigations"; and
(N) of the Veterans' Administration, the offices of that agency referred
to as the "Office of Audits" and the "Office of Investigations"; and
i relating to the Agency for International Development
>ther duties and responsibilities specified in this Act, the
Agency for International Development-
direct, and control all security activities relating to the
lions of that Agency, subject to the supervision of the
Agency; and
quested by the Director of the United States International
lion Agency (after consultation with the Administrator of
national Development), shall supervise, direct, and coontrol
e, and security activities relating to programs and opera-
ed States International Development Cooperation Agency.
assistant Inspector Generals provided for in section 3(d) of
neral of the Agency for International Development shall, in
le laws and regulations governing the civil service, appoint
general for Security who shall have the responsibility nand it for
tnce of security activities relating to programs
Development.
ports required to be submitted to the Administrator of the
Development pursuant to section 5(b) of this Act shall also
irector of the United States International Development
)fficers and employees provided for in section 6(aX6) of this
eign Service may, at the request of the Inspector General of
Tonal Development, be assigned as employees of the Inspec-
f the Foreign Service so assigned shall be responsible solely
1, and the Inspector General (or his or her designee) shall
evaluation reports for such members.
d staffing field offices pursuant to section 6(c) of this Act,
Agency for International Development shall not be bound
ceilings established under the Monitoring Overseas Direct
,ection 7(a) of this Act to an employee of the establishment
Inspector General of the Agency for International Develop-
clude an employee of or under the United States Internation-
ation Agency.
feral of the Agency for International Development shall be in
provided for in section 624(a) of the Foreign Assistance Act
2384(a) ].
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?9
TITLE 6-APPENDIX 3 198
(2) such other offices or agencies, or functions, powers, or duties thereof, as
the head of the establishment involved may determine are properly related to
the functions of the Office and would, if so transferred, further the purposes of
this Act,
except that there shall not be transferred to an Inspector General under paragraph
(2) program operating responsibilities.
(b) The personnel, assets, liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other funds employed,
held, used, arising from, available or to be made available, of any office or agency
the functions, powers, and duties of which are transferred under subsection (a) are
hereby transferred to the applicable Office of Inspector General.
(c) Personnel transferred pursuant to subsection (b) shall be transferred in
accordance with applicable laws and regulations relating to the transfer of functions
except that the classification and compensation of such personnel shall not be
reduced for one year after such transfer.
(d) In any case where all the functions, powers, and duties of any office or agency
are transferred pursuant to this subsection, such office or agency shall lapse. Any
person who, on the effective date of this Act [Oct. 1, 1978], held a position
compensated in accordance with the General Schedule, and who, without a break in
service, is appointed in an Office of Inspector General to a position having duties
comparable to those performed immediately preceding such appointment shall contin-
ue to be compensated in the new position at not less than the rate provided for the
previous position, for the duration of service in the new position.
(As amended Pub.L. 96-88, Title V, ? 508(n)(2), Oct. 17, 1979, 93 Stat. 694, Pub.L. 97-252, Title
XI, ? 1117(a)(2), (3), Sept. 8, 1982, 96 Stat. 750.)
1982 Amendment. Subsec. (axl). Pub.L Services, headed by a Director, was established in
97-252 added subpar. (C). Former subpars. (C) the Department of Health and Human Services by
to (M) redesignated (D) to (N), respectively. section 676 of Pub.L. 97-35, which is classified to
1979 Amendment. Subsec. (aXI). Pub.L. 42 U.S.C.A. ? 9905.
96-88 redesignated subpars. (C) to (L) as (D) to Transfer of Audit Personnel to Inspector Gen-
(M) and added a new subpar. (C). eral, Department of Defense. Section 1117(e) of
Effective Date of 1979 Amendment. Amend- Pub.L 97-252 provided that: "In addition to the
went by Pub.L. 9649, effective May 4, 1980, with positions transferred to the Office of the Inspector
specified exceptions, see section 601 of Pub.L. General of the Department of Defense, pursuant
96-88, set out as an Effective Date note under to the amendments made by subsection (a) of this
section 3401 of Title 20, Education. section (to sections 2(l), 9(a)(1 ), and 11(1) of this
Community Services Administration. The Act), the Secretary of Defense shall transfer to the
Community Services Administration, which was Office of Inspector General of the Department of
established by section 601 of the Economic Op- Defense not less than one hundred additional
portunity Act of 1964, as amended (42 U.S.C.A. audit positions. The Inspector General of the
? 2941), was terminated when the Economic Op- Department of Defense shall fill such positions
portunity Act of 1964, Pub. L. 88-452, Aug. 20, with persons trained to perform contract audits."
1964, 78 Stat. 508, as amended, was repealed, Legislative History. For legislative history and
except for Titles VIII and "X, effective Oct. 1, purpose of Pub.L. 95-452, we 1978 U.S. Code
1981, by section 683(a) of Pub.L. 97-35, Title VI, Cong. and Adm. News, p. 2676. See. also, Pub.L.
Aug. 13, 1981, 95 Stat. 519, which is classified to 9648, 1979 U.S. Code Cong. and Adm. News, p.
42 U.S.C.A. ? 9912(a). An Office of Community 1514. '
10. Conforming and technical amendments
[Section amended sections 5315 and 5316 of Title 5, Government Organization and
Employees, and section 3522 of Title 42, The Public Health and Welfare, which
amendments have been executed to text]
Legislative History. For legislative history and
purpose of Pub.L. 95-452, see 1978 U.S. Code
Cons. and Adm. News, p. 2676.
11. Definitions
As used in this Act-
(1) the term "head of the establishment" means the Secretary of Agriculture,
Commerce, Defense, Education, Housing and Urban Development, the Interior,
0
C
(As an
Title \
8, l9'`
99-39
19&
412i
United
cast in
Par.
ed "the
..or the
1995
99-93
1992
? 1117
"Como
Par.
"Defen
1981
? 705(.
tional
Par
ed "th,
after "
1979
? 508(
`Comr,
Par
"Educes
Effe,
ment b
? 12.
The
this A.
Legi
purpos
Cong
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TITLE 5---APPENDIX 8 198
ees or agencies, or functions, powers, or duties thereof, as
blishment involved may determine are properly related to
office and would, if so transferred, further the purposes of
)t be transferred to an Inspector General under paragraph
sponsibilities.
eta, liabilities, contracts, property, records, and unexpended
as, authorizations, allocations, and other funds employed,
available or to be made available, of any office or agency
id duties of which are transferred under subsection (a) are
e applicable Office of Inspector General.
rred pursuant to subsection (b) shall be transferred in
le laws and regulations relating to the transfer of functions
cation and compensation of such personnel shall not be
er such transfer.
all the functions, powers, and duties of any office or agency
t to this subsection, such office or agency shall lapse. Any
fective date of this Act [Oct. 1, 1978], held a position
tee with the General Schedule, and who, without a break in
an Office of Inspector General to a position having duties
'ormed immediately preceding such appointment shall contin-
the new position at not less than the rate provided for the
e duration of service in the new position.
Title V, 4 508(n)(2), Oct. 17, 1979, 93 Stat. 694; Pub.L. 97-252, Title
, 1982, 96 Stat. 750.)
,c. (aXl). Pub.L.
Former subpars. (C)
4), respectively.
x. (a)(1). Pub.L.
(C) to (L) as (D) to
(C)
uendment. Amend-
ve May 4. 1980, with
Lion 601 of Pub.L
ve Date note under
cation.
(ministration. The
istration, which was
f the Economic Op-
mended (42 U.S.C.A.
m the Economic Op-
L. 88-452, Aug 20,
inded, was repealed,
X, a fective Oct. I,
cb.L. 97-35. Title VI.
which is classified to
Office of Community
Services, headed by a Director, was established in
the Department of Health and Human Services by
section 676 of Pub.L. 97-35, which is classified to
42 U.S.C.A. 4 9905.
Transfer of Audit Personnel to Inspector Gen-
eral, Department of Defense. Section 1117(e) of
Pub.L. 97-252 provided that: "In addition to the
positions transferred to the Office of the Inspector
General of the Department of Defense, pursuant
to the amendments made by subsection (a) of this
section Ito sections 2(1), 9(aX1), and 11(1) of this
Act], the Secretary of Defense shall transfer to the
Office of Inspector General of the Department of
Defense not less than one hundred additional
audit positions. The Inspector General of the
Department of Defense shall fill such positions
with persons trained to perform contract audits."
Legislative History. For legislative history and
purpose of Pub.L. 95-452, sec 1978 U.S. Code
Cong. and Adm. News, p. 2676. See, also, Pub.L.
96-88, 1979 U.S. Code Cong. and Adm. News, p.
1514.
199 INSPECTOR GENERAL ACT
?12
Labor, State, or Transportation or the Administrator of the Agency for Interna-
tional Development, Community Services, Environmental Protection, General
Services, National Aeronautics and Space, Small Business, or Veterans' Affairs,
or the Director of the United States Information Agency I as the case may be;
(2) the term "establishment" means the Department of Agriculture, Com-
merce, Defense, Education, Housing and Urban Development, the Interior,
labor, State, or Transportation or the Agency for International Development,
the Community Services Administration, the Environmental Protection Agency,
the General Services Administration, the National Aeronautics and Space Ad-
ministration, the Small Business Administration, the United States Information
Agency or the Veterans' Administration, as the case may be;
(3) the term "Inspector General" means the Inspector General of an establish-
ment;
(4) the term "Office" means the Office of Inspector General of an establish-
ment; and
(5) the term "Federal agency" means an agency as defined in section 552(e)
of Title 5 (including an establishment as defined in paragraph (2) ), United States
Code, but shall not be construed to include the General Accounting Office.
(As amended Pub.L. 96-88, Title V, 1509(n)(3), (4), Oct. 17, 1979, 93 Stat. 695; Pub.L. 97-113,
Title VII, 4 705(a)(2), Dec. 29, 1981, 95 Stet. 1544; Pub.L. 97-252, Title Xl, 1 1117(a)(4), (5), Sept.
8, 1982, 96 Stat. 750; Pub.L. 99-93, Title I, ? 150(a)(2), Aug. 16, 1985, 99 Stat. 427; Pub.L.
99-399, Title IV, 6 412(a)(2), Aug. 27, 1986, 100 Stat. 867.)
1 So in original. Probably should be followed by a comma.
1986 Amendment. Par. (1). Pub.L. 99-399, specified exceptions, we section 601 of Pub. L.
1412(a)(2)(A), inserted "or the Director of the 96-88, set out as an Effective Date note under
United States information Agency" before "as the section 3401 of Title 20, Education
Par. (2). Pub.L. 99-399, 1 412(ax2xB), insert-
ed "the United States Information Agency" before
"or the Veterans' Administration".
1985 Amendment. Pars. (1), (2). Pub. L.
99-93 inserted "State," after "Labor,".
1982 Amendment. Par. (1). Pub.L. 97-252,
1117(a)(4), inserted "Defense," following
"Commerce,".
Par. (2). Pub. L. 97-252, 1 1117(aX5), inserted
"Defense," following "Commerce,".
Community Services Administration. The
Community Services Administration, which was
established by section 601 of the Economic Op-
portunity Act of 1964, as amended (42 U.S.C.A.
f 2941), was terminated when the Economic Op-
portunity Act of 1964. Pub.L. 88-452, Aug. 20,
1964, 78 Stat. 508, as amended, was repealed,
except for Titles VIII and X, effective Oct. 1,
1981, by section 683(a) of Pub.L. 97-35, Title VI.
Aug 13, 1981, 95 Stat. 519, which is classified to
42 U.S.C.A. 19912(a). An Office of Community
1981 Amendment. Par. (1). Pub.L. 97-113, Services, headed by a Director, was established in
? 705(a)(2xA), inserted "the Agency for Interns- the Department of Health and Human Services by
tional Development," after "Administrator or'. section 676 of Pub.L. 97-35, which is classified to
Par. (2). Pub.L. 97-113,1 703(aX2)(B), insert-
ed "the Agency for International Development,"
after "Transportation or".
1979 Amendment. Par. (1). Pub.L. 96-88,
1 508(n)(3), inserted "Education," following
Par. (2). Pub.L. 96-88, 1 508(n)(4), inserted
"Education," following "Commerce,".
42 U.S.C.A. 19905.
Legislative History. For legislative history and
purpose of Pub.L. 95-452, we 1978 U.S. Code
Cong. and Adm. News, p. 2676. See, also, Pub.L.
96-88, 1979 U.S. Code Cong. and Adm. News, p.
1514; Pub.L. 97-113, 1981 U.S. Code Cong. and
Adm. News, p. 2404; Pub.L. 99-93, 1985 U.S.
Code Cong. and Adm. News, p. 329; Pub.L.
Effective Date of 1979 Amendment. Amend- 99-399, 1986 U.S.Code Cong. and Adm.News, p.
meet by Pub.L. 96-88, effective May 4, 1980, with 1865.
.lions 5315 and 5316 of Title 5, Government Organization and
n 3522 of Title 42, The Public Health and Welfare, which
i executed to text.]
legislative history and
sec 1978 U.S. Code
1676.
?ad of the establishment" means the Secretary of Agriculture,
se, Education, Housing and Urban Development, the Interior,
? 12. Effective date
The provisions of this Act and the amendments made by this Act [see section 10 of
this Act] shall take effect October 1, 1978.
Legislative History. For legislative history and
purpose of Pub.L. 95-452, see 1978 U.S. Code
Cong. and Adm. News, p. 2676.
Declassified and Approved For Release 2011/12/13: CIA-RDP89-01078R000100140014-0