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Code · BILL · 115th Congress · S. 3357 (Introduced in Senate) — To improve the anti-corruption and public integrity laws, and for other purposes. · Sec. 512

Sec. 512. Designated agency ethics officials

745 words·~3 min read·/bill/115/s/3357/is/section-512

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended to read as follows: designated agency ethics official means an officer or employee of an agency— who is appointed and supervised by the head of the agency, after consultation with the Director of the Office of Public Integrity and the Inspector General of the agency; who may only be removed by the head of the agency, after consultation with the Director of the Office of Public Integrity and the Inspector General of the agency; has a permanent duty station in the same physical building as the head of the agency employing the officer or employee, unless the head of the agency is the President; is designated to administer the provisions of this title within the agency, except as they pertain to the head of the agency; may not have other significant duties or responsibilities that might distract from the duty of the officer or employee to administer the provisions of this title within the agency; who shall not, at any time or in any manner, be prevented, inhibited, or prohibited by the head of the agency from administering the provisions of this title within the agency. .
Section 111 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— by inserting
(a)before The provisions ; by inserting (subject to subsection (b)) after designated agency ethics official ; and by adding at the end the following: A designated agency ethics official shall submit to the Director of the Office of Public Integrity— each significant determination (including any ethics agreement, financial disclosure, recusal agreement, or divestment determination) by the designated agency ethics official relating to the application or implementation of the laws or regulations relating to conflicts of interest or other ethics issues (including this title) for any individual serving in a position— on any level of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code; in the executive branch pursuant to an appointment by the President, by and with the advice and consent of the Senate; or in the Executive Office of the President; any determination by the designated agency ethics official relating to the application or implementation of the laws or regulations relating to conflicts of interest or other ethics issues (including this title) that the Director requests from the designated agency ethics official. The Director of the Office of Public Integrity— may review any determination received under paragraph (1); shall notify and advise the designated agency ethics official if the Director determines that the determination received under paragraph
(1)does not comport with the laws or regulations relating to conflicts of interest or other ethics issues; not later than 30 days after the notification and advice under subparagraph (B), may reverse or modify the determination if the Director determines that the determination does not comport with the laws or regulations relating to conflicts of interest or other ethics issues; and shall periodically audit a sample of determinations received under paragraph (1). . Section 111 of the Ethics in Government Act of 1978 (5 U.S.C. App.), as amended by subsection (b), is amended by adding at the end the following: If a designated agency ethics official has credible evidence or reason to believe that an officer or employee of the agency is violating, or has violated, any rule, regulation, or Executive order relating to conflicts of interest or standards of conduct, the designated agency ethics official may— refer potential violations to the Inspector General or the Director of the Office of Public Integrity; and recommend that the head of the agency take a specific disciplinary action (including dismissal). A designated agency ethics official shall make publicly available any recommendation of a specific disciplinary action made by the designated agency ethics official under paragraph (1). . An individual serving as a designated agency ethics official on the day before the date of enactment of this Act may continue to serve as the designated agency ethics official for the agency employing the individual if— determined appropriate by the head of the agency employing the designated agency ethics official; and after the date of enactment of this Act, the individual— reports directly to the head of the agency employing the designated agency ethics official; and may only be removed by the head of the agency, after consultation with the Director of the Office of Public Integrity and the Inspector General of the agency.
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