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United States Code (Last Updated: May 24, 2014) |
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AppendixAA 5a. FEDERAL ADVISORY COMMITTEE ACT |
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CompiledAct INSPECTOR GENERAL ACT OF 1978 |
§ 12. Definitions
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As used in this Act— (1) the term “head of the establishment” means the Secretary of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Labor, State, Transportation, Homeland Security, or the Treasury; the Attorney General; the Administrator of the Agency for International Development, Environmental Protection, General Services, National Aeronautics and Space, Small Business, or Veterans’ Affairs; the Administrator of the Federal Emergency Management Agency, or the Office of Personnel Management; the Chairman of the Nuclear Regulatory Commission or the Railroad Retirement Board; the Chairperson of the Thrift Depositor Protection Oversight Board; the Chief Executive Officer of the Corporation for National and Community Service; the Administrator of the Community Development Financial Institutions Fund; the chief executive officer of the Resolution Trust Corporation; the Chairperson of the Federal Deposit Insurance Corporation; the Commissioner of Social Security, Social Security Administration; the Director of the Federal Housing Finance Agency; the Board of Directors of the Tennessee Valley Authority; the President of the Export-Import Bank; or the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; as the case may be; (2) the term “establishment” means the Department of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Justice, Labor, State, Transportation, Homeland Security, or the Treasury; the Agency for International Development, the Community Development Financial Institutions Fund, the Environmental Protection Agency, the Federal Emergency Management Agency, the General Services Administration, the National Aeronautics and Space Administration, the Nuclear Regulatory Commission, the Office of Personnel Management, the Railroad Retirement Board, the Resolution Trust Corporation, the Federal Deposit Insurance Corporation, the Small Business Administration, the Corporation for National and Community Service, the Veterans’ Administration, the Social Security Administration, the Federal Housing Finance Agency, the Tennessee Valley Authority, the Export-Import Bank, or the Commissions established under section 15301 of title 40, United States Code, as the case may be; (3) the term “Inspector General” means the Inspector General of an establishment; (4) the term “Office” means the Office of Inspector General of an establishment; and (5) the term “Federal agency” means an agency as defined in section 552(f) of title 5 (including an establishment as defined in paragraph (2)), United States Code, but shall not be construed to include the Government Accountability Office.
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Amendment by Pub. L. 100–527 amended section as it existed prior to amendment by Pub. L. 100–504, see Effective Date of 1988 Amendments note below.
Prior Provisions
A prior section 12 of the Inspector General Act of 1978 was renumbered section 13.
Amendments
2008—Par. (1). Pub. L. 110–289, div. A , title I, § 1105(c)(1), inserted “; the Director of the Federal Housing Finance Agency” after “Social Security Administration”.
Pub. L. 110–246, § 14217(c)(1), substituted “the President of the Export-Import Bank; or the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code;” for “or the President of the Export-Import Bank;”.
Par. (2). Pub. L. 110–289, div. A , title I, § 1105(c)(2), inserted “, the Federal Housing Finance Agency” after “Social Security Administration”.
Pub. L. 110–246, § 14217(c)(2), substituted “the Export-Import Bank, or the Commissions established under section 15301 of title 40, United States Code,” for “or the Export-Import Bank,”.
2004—Par. (5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2002—Par. (1). Pub. L. 107–296, § 1701(2), which directed amendment of par. (1) by striking out “; and” in two places, could not be executed because “; and” did not appear in par. (1) subsequent to amendment by Pub. L. 107–189, § 22(d)(1)(B), (C). See below.
Pub. L. 107–296, § 1701(1), inserted “Homeland Security,” after “Transportation,”.
Pub. L. 107–189, § 22(a)(1), (d)(1), struck out second semicolon after “National and Community Service”, struck out “and” after “Financial Institutions Fund;” and after “Resolution Trust Corporation;”, and substituted “the Board of Directors of the Tennessee Valley Authority; or the President of the Export-Import Bank;” for “or the Board of Directors of the Tennessee Valley Authority;”.
Par. (2). Pub. L. 107–296, § 1701(1), inserted “Homeland Security,” after “Transportation,”.
Pub. L. 107–189, § 22(a)(2), (d)(2), struck out “or” after “National and Community Service,” and substituted “the Tennessee Valley Authority, or the Export-Import Bank,” for “or the Tennessee Valley Authority;”.
Par. (5). Pub. L. 107–189, § 22(d)(3), substituted “section 552(f) of title 5” for “section 552(e) of title 5”.
2000—Par. (1). Pub. L. 106–422, § 1(b)(2)(A), substituted “the Commissioner of Social Security, Social Security Administration; or the Board of Directors of the Tennessee Valley Authority;” for “or the Commissioner of Social Security, Social Security Administration;”.
Par. (2). Pub. L. 106–422, § 1(b)(2)(B), substituted “the Social Security Administration, or the Tennessee Valley Authority;” for “or the Social Security Administration;”.
1998—Par. (1). Pub. L. 105–277, § 1314(b)(1), which directed the substitution of “or the Office of Personnel Management” for “the Office of Personnel Management, the United States Information Agency”, was executed by making the substitution for “the Office of Personnel Management or the United States Information Agency” to reflect the probable intent of Congress.
Par. (2). Pub. L. 105–277, § 1314(b)(2), struck out “the United States Information Agency,” after “Small Business Administration,”.
1996—Par. (1). Pub. L. 104–106, § 4322(b)(3), made technical correction to directory language of Pub. L. 101–73, § 501(b)(1)(A). See 1989 Amendment note below.
Par. (2). Pub. L. 104–106, § 4322(b)(1), substituted “Community Service,” for “Community Service,,”.
1994—Par. (1). Pub. L. 103–325, § 118(a)(1), inserted “; the Administrator of the Community Development Financial Institutions Fund;” before “and the chief executive officer of the Resolution Trust Corporation”.
Pub. L. 103–296, § 108(l)(2)(A), inserted “; or the Commissioner of Social Security, Social Security Administration” before “; as the case may be”.
Par. (2). Pub. L. 103–325, § 118(a)(2), inserted “the Community Development Financial Institutions Fund,” after “the Agency for International Development,”.
Pub. L. 103–296, § 108(l)(2)(B), inserted “, or the Social Security Administration” before “; as the case may be”.
1993—Par. (1). Pub. L. 103–204, § 23(a)(1)(A), inserted “and the Chairperson of the Federal Deposit Insurance Corporation;” after “Resolution Trust Corporation;”.
Pub. L. 103–82, § 202(g)(4)(A), inserted “; the Chief Executive Officer of the Corporation for National and Community Service;” after “Thrift Depositor Protection Oversight Board”.
Par. (2). Pub. L. 103–204, § 23(a)(1)(B), inserted “the Federal Deposit Insurance Corporation,” after “Resolution Trust Corporation,”.
Pub. L. 103–82, § 202(g)(4)(B), inserted “, the Corporation for National and Community service,” after “United States Information Agency”.
1991—Par. (1). Pub. L. 102–233 substituted “; the Chairperson of the Thrift Depositor Protection Oversight Board and the chief executive officer of the Resolution Trust Corporation” for “the Oversight Board and the Board of Directors of the Resolution Trust Corporation”.
1989—Par. (1). Pub. L. 101–73, § 501(b)(1)(A), as amended by Pub. L. 104–106, § 4322(b)(3), inserted “the Oversight Board and the Board of Directors of the Resolution Trust Corporation” before “; as the case may be;”.
Par. (2). Pub. L. 101–73, § 501(b)(1)(B), inserted “the Resolution Trust Corporation,” after “the Railroad Retirement Board,”.
1988—Pars. (1), (2). Pub. L. 100–527, § 13(h)(2), (3), substituted “Transportation, or Veterans’ Affairs,” for “or Transportation” and “or Small Business” for “Small Business, or Veterans’ Affairs” in par. (1), and substituted “Transportation, or Veterans Affairs,” for “or Transportation” and “or the United States Information Agency” for “the United States Information Agency or the Veterans’ Administration” in par. (2). See Codification note above.
Pub. L. 100–504 added pars. (1) and (2) and struck out former pars. (1) and (2), as amended by Pub. L. 100–527, which read as follows:
“(1) the term ‘head of the establishment’ means the Secretary of Agriculture, Commerce, Defense, Education, Housing and Urban Development, the Interior, Labor, State, Transportation, or Veterans’ Affairs, or the Administrator of the Agency for International Development, Community Services, Environmental Protection, General Services, National Aeronautics and Space, or Small Business, or the Director of the United States Information Agency as the case may be;
“(2) the term ‘establishment’ means the Department of Agriculture, Commerce, Defense, Education, Housing and Urban Development, the Interior, Labor, State, Transportation, or Veterans Affairs, or the Agency for International Development, the Community Services Administration, the Environmental Protection Agency, the General Services Administration, the National Aeronautics and Space Administration, the Small Business Administration, or the United States Information Agency, as the case may be;”.
1986—Pars. (1), (2). Pub. L. 99–399 inserted “or the Director of the United States Information Agency” in par. (1) and “the United States Information Agency” in par. (2).
1985—Pars. (1), (2). Pub. L. 99–93 inserted “State,” after “Labor,”.
1982—Pars. (1), (2). Pub. L. 97–252 inserted “Defense,” after “Commerce,”.
1981—Pars. (1), (2). Pub. L. 97–113 inserted “the Agency for International Development,” after “Administrator of” in par. (1), and inserted “the Agency for International Development,” after “Transportation or” in par. (2).
1979—Pars. (1), (2). Pub. L. 96–88 inserted “Education,” after “Commerce,”.
Change Of Name
“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in par. (1) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until
References to Administrator of Veterans’ Affairs and to Veterans’ Administration deemed to refer to Secretary of Veterans Affairs and to Department of Veterans Affairs, respectively, pursuant to section 10 of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.
Effective Date Of Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by section 14217(c) of Pub. L. 110–246 effective on the first day of the first fiscal year beginning after
Amendment by Pub. L. 107–296 effective 60 days after
Amendment by Pub. L. 107–189 effective
Amendment by Pub. L. 106–422 effective 30 days after
Amendment by Pub. L. 105–277 effective
Section 4322(b)(3) of Pub. L. 104–106 provided that the amendment made by that section is effective as of
Amendment by Pub. L. 103–82 effective
Amendment by Pub. L. 102–233 effective
Amendment by Pub. L. 100–527 effective
Amendment by Pub. L. 100–504 effective 180 days after
Amendment by Pub. L. 96–88 effective
Transfer Of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Miscellaneous
The Community Services Administration, which was established by section 601 of the Economic Opportunity Act of 1964, as amended (42 U.S.C. 2941), was terminated when the Economic Opportunity Act of 1964, Pub. L. 88–452,
Pub. L. 104–134, title I, § 101[(a)] [title IV],
[Pub. L. 104–208, div. A, title I, § 101(a) [title IV],
[For abolition of Office of Inspector General of the United States Information Agency and transfer of functions to Office of Inspector General of Department of State and Foreign Service, see section 6533 of Title 22, Foreign Relations and Intercourse.]
Pub. L. 103–325, title I, § 118(b),
Pub. L. 101–73, title V, § 501(b)(2)(B),