Sec. 8034. Duties of Director of the Office of Government Ethics
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Section 402(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended in paragraph
(1)by striking , in consultation with the Office of Personnel Management, . Section 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— in paragraph (1)— by striking developing, in consultation with the Attorney General and the Office of Personnel Management, rules and regulations to be promulgated by the President or the Director and inserting developing and promulgating rules and regulations ; and by striking title II and inserting title I ; by striking paragraph
(2)and inserting the following: providing mandatory education and training programs for designated agency ethics officials, which may be delegated to each agency or the White House Counsel as deemed appropriate by the Director; ; in paragraph (3), by striking title II and inserting title I ; in paragraph (4), by striking problems and inserting issues ; in paragraph (6)— by striking issued by the President or the Director ; and by striking problems and inserting issues ; in paragraph (7)— by striking , when requested, ; and by striking conflict of interest problems and inserting conflicts of interest, as well as other ethics issues ; in paragraph (9)— by striking ordering and inserting receiving allegations of violations of this Act or regulations of the Office of Government Ethics and, when necessary, investigating an allegation to determine whether a violation occurred, and ordering ; and by inserting before the semi-colon the following: , and recommending appropriate disciplinary action ; in paragraph (12)— by striking evaluating, with the assistance of and inserting promulgating, with input from ; by striking the need for ; by striking conflict of interest and ethical problems and inserting conflict of interest and ethics issues ; in paragraph (13)— by striking with the Attorney General and inserting with the Inspectors General and the Attorney General ; by striking violations of the conflict of interest laws and inserting conflict of interest issues and allegations of violations of ethics laws and regulations and this Act ; and by striking , as required by section 535 of title 28, United States Code ; in paragraph (14), by striking and at the end; in paragraph (15)— by striking , in consultation with the Office of Personnel Management, ; by striking title II and inserting title I ; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: directing and providing final approval, when determined appropriate by the Director, for designated agency ethics officials regarding the resolution of conflicts of interest as well as any other ethics issues under the purview of this Act in individual cases; and reviewing and approving, when determined appropriate by the Director, any recusals, exemptions, or waivers from the conflicts of interest and ethics laws, rules, and regulations and making approved recusals, exemptions, and waivers made publicly available by the relevant agency available in a central location on the official website of the Office of Government Ethics. . Paragraph
(1)of section 402(d) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— by striking , by the exercise of any authority otherwise available to the Director under this title, ; by striking the agency is ; and by inserting after filed by the following: , or written documentation of recusals, waivers, or ethics authorizations relating to, . Section 402(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— in paragraph (1)— in clause
(i)of subparagraph (A), by striking of such agency ; and in subparagraph (B), by inserting at the end and determine that a violation of this Act has occurred and issue appropriate administrative or legal remedies as prescribed in paragraph
(2); in paragraph (2)— in subparagraph (A)— in clause (ii)— in subclause (I)— by inserting to the President or the President’s designee if the matter involves employees of the Executive Office of the President or after may recommend ; by striking and at the end; and in subclause (II)— by inserting President or after determines that the ; and by adding and at the end; in subclause
(II)of clause (iii)— by striking notify, in writing, and inserting advise the President or order ; by inserting to take appropriate disciplinary action including reprimand, suspension, demotion, or dismissal against the officer or employee (provided, however, that any order issued by the Director shall not affect an employee’s right to appeal a disciplinary action under applicable law, regulation, collective bargaining agreement, or contractual provision) after employee’s agency ; and by striking of the officer’s or employee’s noncompliance, except that, if the officer or employee involved is the agency head, the notification shall instead be submitted to the President and Congress and ; and by striking clause (iv); in subparagraph (B)(i)— by striking subparagraph (A)(iii) or
(iv)and inserting subparagraph
(A); by inserting
(I)before In order to ; and by adding at the end the following: The Director may secure directly from any agency information necessary to enable the Director to carry out this Act. Upon request of the Director, the head of such agency shall furnish that information to the Director. The Director may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium and documentary evidence necessary in the performance of the functions assigned by this Act, which subpoena, in the case of refusal to obey, shall be enforceable by order of any appropriate United States district court. ; in subparagraph (B)(ii)(I)— by striking Subject to clause
(iv)of this subparagraph, before and inserting Before ; and by striking subparagraphs
(iii)or
(iv)and inserting subparagraph (A)(iii) ; in subparagraph (B)(iii), by striking Subject to clause
(iv)of this subparagraph, before and inserting Before ; and in subparagraph (B)(iv)— by striking title 2 and inserting title I ; and by striking section 206 and inserting section 106 ; and in paragraph (4), by striking (iv), . Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: For purposes of this title— the term agency shall include the Executive Office of the President; and the term officer or employee shall include any individual occupying a position, providing any official services, or acting in an advisory capacity, in the White House or the Executive Office of the President. In this title, a reference to the head of an agency shall include the President or the President’s designee. The Director shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Office of Management and Budget, before submitting to Congress, or any committee or subcommittee thereof, any information, reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President. .